IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.7750 OF 2008 BHOLA RAY, SON OF LATE TETAR ROY, RESIDENT OF VILLAGE DIGHI KHURD, POLICE STATION SADAR HAJIPUR, DISTRICT VAISHALI VERSUS 1. THE STATE OF BIHAR 2. S.D.M., HAJIPUR, DISTRICT VAISHALI 3. ZILA KARYA KRAM SAMANVAYAK PADADHIKARI, ZILA SHIKSHA PARIYOJNA, VAISHALI ………………………………………………………………..OPPOSITE PARTIES ********* 2 19/01/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the order dated 08.10.2007 by which the Court below has dropped the proceeding under Section 144 of the Code of Criminal Procedure on the ground that the petitioner and others were not present in Court. Learned Counsel for the petitioner submits that he has been pursuing the 144 matter vigilantly and yet the Court has not passed any order in the proceeding, under Section 144 of the Code of Criminal Procedure, although, the petitioner had to move this Court vide Cr.W.J.C. No. 861 of 2005 which was disposed of on 05.01.2006 with a direction to the S.D.M., Hajipur to pass an order in accordance with law and with a direction to the Officer-in-charge, Sadar Police Station to submit his report as soon as possible. The petitioner before this Court complains that the petitioner had filed an application under Section 2 188 of the Indian Penal Code alleging that despite a proceeding under Section 144 of the Code of Criminal Procedure, the Opposite Party was constructing his house on the piece of land and the Court below by not taking up the matter and passing final orders was infact partly responsible in allowing the Opposite Party to construct on the disputed piece of land. It appears that despite the fact that the 144 proceeding was initiated earlier in the year 2006, the Court kept the matter pending and finally the proceeding lapsed of 60 days. The petitioner is aggrieved by the fact that his application under Section 188 of the Indian Penal Code was also not considered by the Court below. It appears that the Court below infact had not taken any steps and not passed any order either dropping the proceeding or passing any order with respect to 144 proceeding, but the irrefutable fact is that the proceeding under Section 144 of the Code of Criminal Procedure is stale and time barred. The petitioner would be at liberty to take any other steps in future to protect his rights. This application is disposed of accordingly. Anand ( Sheema Ali Khan, J.)