IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.35831 OF 2008 GAURI SHANKAR PRASAD SINGH, SON OF LATE YOGENDRA PRASAD SINGH, RESIDENT OF VILLAGE DIGHARA RAMPUR SAH, POLICE STATION SADAR, DISTRICT MUZAFFARPUR VERSUS 1. THE STATE OF BIHAR 2. NEEL KAMAL TIWARY @ MANOJ TIWARI 3. HANS RAJ TIWARI @ SAROJ TIWARI 4. MUNNA TIWARI ALL SONS OF DEODUTT TIWARI, RESIDENT OF VILLAGE DIGHARA RAMPUR SAH, POLICE STATION SADAR, DISTRICT MUZAFFARPUR ******** 2 18/07/2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is aggrieved by the order dated 02.04.2008 passed in Criminal Revision No. 187 of 2007 by which the Additional Sessions Judge, Fast Track Court No. !V, Muzaffarpur has set aside the order initiating proceedings under Section 188 of the Indian Penal Code passed by the Sub Divisional Magistrate, Muzaffarpur on 10.07.2007. A proceeding under Section 144 of the Code of Criminal Procedure was initiated and the Opposite Parties appeared in the proceeding. During the pendency of 144 proceeding, a prohibitory order was passed under Section 114 of the Code of Criminal Procedure. Ultimately, the proceeding under Section 144 of the Code of Criminal Procedure was dropped on the ground that it was a residential house. 2 Counsel for the petitioner submits that during the pendency of the 144 proceedings, the Opposite Parties were violating the prohibitory orders by making construction over the lands in question and as such the order dismissing the claim of the petitioner ought to be set aside by this Court. This Court finds that since the premises had been declared as a residential house, it would serve no purpose to hold that there was a violation of prohibitory orders during the pendency of the proceedings. Once, it is held that it is a residential house, then further construction on the residential house cannot amount to really violating any terms of the prohibitory order. I do not see any illegality in the order impugned. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J. )