IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53857 of 2007 SRI NARAYAN JHA, SON OF LATE HARIBANSH JHA @ BHOLA JHA, RESIDENT OF BHOJ PATTI, P.S. SARAI, DISTRICT-VAISHALI. …………………………………………………………………..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SHYAM NANDAN JHA, SON OF LATE MAHAVIR JHA, RESIDENT OF VILLAGE-BHOJPATTI, P.S. SARAI, DISTRICT-VAISHALI. ……………………………………………………..OPPOSITE PARTIES. ----------- For the Petitioner : Mr. S.S. Sinha ‘Shyam’, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ------------ 2. 17.2.2009. Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The grievance of the petitioner is against the order dated 23.7.2007 passed by the learned Sub Divisional Officer, Mahua, in Case No.373 of 2007, wherein in a proceeding under Section 144 Cr.P.C. he has declared the possession of O.P. No.2. It is by now well settled that a District Magistrate, a Sub Divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf is authorized to issue orders in urgent cases of nuisance or apprehended danger. This power is restricted to direct a person or persons to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management but in no circumstances does the power under Section 144 Cr.P.C. authorize the Magistrate to declare possession. - 2 - Even otherwise, by virtue of sub Section (4) of Section 144 Cr.P.C. which prescribes that no order under this Section shall remain in force for more than two months from the making thereof, it is apparent that the order dated 23.7.2007 by virtue of efflux of the statutory period has terminated automatically and as such no party can take advantage of this order. With the aforesaid observations, this application is disposed of. P.S. (Abhijit Sinha,J)