IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24437 of 2001 LALENDRA KISHORE THAKUR Versus STATE OF BIHAR & ANR For the petitioner: Shri Ajay Kumar Thakur,Adv. For the State: Shri Dashrath Mehta, A.P.P. ----------- 3. 18.8.2010 The Court after hearing counsel for the parties is very much clear in its mind that for examining the impropriety of the order which has finally been passed in a proceeding under Section 145(4) Cr. P.C., the provision of Section 482 of the Cr. P.C. could never be invoked. However, if any inherent injustice appears afflicting or likely to occur on account of any observation or any finding recorded by a court of the Executive Magistrate, that could very well be considered by the Court as was held in A.H. Wheeler and Company, PVt. Ltd., Muzaffarpur Vs. State of Bihar and Anr. reported in- 1988 P.L.J.R. 419 in which case an order under Section 144 Cr. P.C. which had lapsed on account of lapse of sixty days was being challenged before this Court and the Court expressed its opinion that the part of the order which recorded possession of a particular party in that proceeding was bad in law and, as such, required interference by this Court. Likewise, the order impugned herein, could not be interfered with in its entirety but when the learned Executive Magistrate was making some observation in paragraphs 8,9 and 10 that the order passed by a competent civil court in probate proceeding which order is under challenge before this Court in First appeal 2 would not have any effect, this Court finds it a fit case in which it should clarify the position that if the order has not been set aside by the Court after proper examination in appeal or if the order has not been stayed by this Court, it could be erroneous to record that the order probating a will which was passed in a probate proceeding by a competent civil court shall cease to have any effect merely because it was under challenge through a properly framed appeal. In the result, the petition is dismissed as not maintainable. The order passed by the competent civil court shall exist till it is finally set aside. Kanth ( Dharnidhar Jha, J.)