IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.69 of 2008 SURESH KUMAR, S/O SRI RAMESHWAR SHARMA, RESIDENT OF MOHALLA RUPAM TIMBER, KANKARBAGH, Patna – 20, P.S. KANKARBAGH, PATNA .. PETITIONER Versus 1. THE STATE OF BIHAR 2. SRI DILIP SINGH, S/O LATE HARISH CHANDRA SINGH 3. SRI DIPAK SINGH, S/O LATE HARISH CHANDRA SINGH, RESIDENT OF MOHALLA HANUMAN TIMBER, KANKERBAGH ROAD, PATNA-20, P.S. KANKARBAGH, DISTRICT PATNA .. OPPOSITE PARTIES **** /3/ 30.04.2010 Heard the counsel for the parties. 2. This application is directed against the order, dated 04.10.2007, passed by Session's Judge, Patna, in Criminal Revision No. 456 of 2007, by which he has set aside the order, dated 16.12.2006, passed by the Subdivisional Magistrate, Sadar, Patna, in Case No. 442(M) of 2006 in a proceeding under Section 145 of the Criminal Procedure Code by which a proceeding under Section 144 was converted into proceeding under Section 145 of the Criminal Procedure Code. 3. The said order has been set aside by the learned Session's Judge on the ground that the order was passed on 16.12.2006 and though the petition for obtaining the certified copy was filed on 20.12.2006, however, on 27.02.2007 was 2 made that the case still remains for order and, hence, the learned Session's Judge took the view that the order is ante dated. 4. The learned counsel for the petitioner, however, submits that the case was not decided on merits and there is some hanky panky. He has not challenged that order was in existence of 16.12.2006 or even on 20.12.2006 or 27.02.2007, hence, I do not feel inclined to interfere with the order. If the apprehension of breach of peace exists, the petitioner is at his liberty to file fresh petition under Section 144 of the Criminal Procedure Code in accordance with law. 5. With these observations and directions, this application is dismissed. S.A. ( Gopal Prasad, J. )