IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.67 of 2008 SHARMANAND & ORS Versus THE STATE OF BIHAR & ORS ----------- 3 18.12.2008 The petitioners are the members of Kriti Nagar Sahkari Grih Nirman Samiti. They pray for quashing order dated 31.8.2007 passed by the S.D.M., Patna City, in Misc.Case No.309/07 in a proceeding under section 144 Cr.P.C. The petitioners alleges that respondent no.3, Executive Magistrate – Incharge S.D.M., Patna City, in connivance with the private partry has acted unfairly in passing the aforesaid order. It is relevant to state that Kriti Nagar Sahkari Grih Nirman Samiti had also filed a writ application for quashing order dated 9.8.2007 passed by the aforesaid Executive Magistrate – cum – Incharge S.D.M., Patna City, in respect of Misc. Case No.268 of 2007. After hearing the learned counsel for the petitioners and the State this Court is of the view that a proceeding under section 144 of Cr.P.C. looses its force after expiry of sixty days. In the aforesaid situation the finding of the Executive Magistrate in respect of possession and title will have no bearing in future proceeding. The petitioner would be at liberty to make complaint against the Magistrate concerned. With the aforesaid observations this writ application is disposed of. Anilkr.sinha (Samarendra Pratap Singh,J.) - 2 -