Case Facts:
Patna High Court Cr.Misc. No.20925 of 2012 (2) dt.04-07-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20925 of 2012 ====================================================== Sudheer Mahato & Ors. .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 04-07-2012 The present restoration petition has been filed for restoration of Cr.Misc.No. 1882 of 2011 which has been dismissed for default vide order dated 27th February 2012. In view of the grounds mentioned in the restoration petition it is allowed and Cr.Misc.no. 1882 of 2011 is restored to its original file. On merit counsel for the petitioner submits that the court below has misdirected himself in setting aside the order of S.D.J.M., Khagaria in connection with proceeding [STATUTE] d for setting aside is with regard to non-service of notice to the petitioner who has no grievance. Another ground that has been taken is that 145 proceeding has been converted after the statutory period. He has drawn attention of this Court with regard to the order passed by the Sessions Judge converting the proceeding of Patna High Court Cr.Misc. No.20925 of 2012 (2) dt.04-07-2012 107 Cr.P.C to 145 proceeding and thereafter notice was issued which was challenged and the same has been upheld by this Court. Issue notice to the O.P.No.2 under registered cover with A.D. as well as through ordinary process for which requisites etc. must be filed within one week, failing which this petition shall stand rejected without further reference to a Bench. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 145

Statute Text:
Section 145 of the Indian Penal Code. Joining or continuing in an unlawful assembly, Knowing that it has been commanded to disperse. Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extent to two years, or with fine, or with both.