IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27153 of 2000 Swami Rameshwaracharya, Chela Swami Jai Krishnacharya, resident of Bara Khatla Brindavan, Police Station-Brindavan, District-Mathura ( Uttar Pradesh), at present resident of Village- Kajhain, Police Station-Bikramganj, District-Rohtas -------------- Petitioner Versus 1. The State Of Bihar 2. Hare Ram Pandey 3. Babudhan Pandey 4. Shri Ram Pandey, Sons of Sheo Kumar Pandey 5. Ramji Pandey, Son of Ram Swarup Pandey 6. Lalan Pandey 7. Ranjeet Pandey Sons of Ramji Pandey, All residents of village- Kajhain, Police Station-Bikramganj, District-Rohtas --------------- Opp.Parties. ----------- For the petitioner: Sri Sidhnath Harsh, Advocate For the State : Sri A.M.P.Mehta, A.P.P. ----------- 06 28-07-2010 The sole petitioner, while invoking inherent jurisdiction of this Court, has prayed for quashing of an order dated 9.8.2000 passed by the learned Sub Divisional Magistrate, Bikramganj( Rohtas). By the said order, the learned Magistrate has decided the proceeding under Section 144 Cr.P.C. in favour of Opp.Party no.4 and against the petitioner. Sri Sidhnath Harsh, learned counsel appearing on behalf of the petitioner, while challenging the order dated 9.8.2000, submits that the learned Magistrate, while deciding the proceeding under Section 144 Cr.P.C., has relied upon Annexure- 1, which was an ex parte order , whereby Opp.Party no.4 , namely, Sri Ram Pandey was appointed as Trustee of Sri Ram Lakshman Janki Ji Temple , Kajhain . It was submitted that Annexure-1 was 2 itself unauthorized and contrary to the provisions contained in Bihar Hindu Religious Trust Act. It was submitted that the learned Sub Divisional Magistrate was not authorized to act upon Annexure-1 and, as such, it has been prayed that entire order is liable to be set aside. Since the petitioner has challenged an order, which was passed in a proceeding under Section 144 Cr.P.C., after expiry of sixty days, nothing remains in that proceeding. After expiry of period of sixty days i.e. statutory period, whatever observation was made in the said order has automatically gone. Accordingly, by the efflux of time there is no need to pass any positive order. However, it is made clear that whatever observation was recorded in the proceeding under Section 144 Cr.P.C. by order dated 9.8.2000 it will be deemed that same was recorded for deciding a proceeding under Section 144 of the Cr.P.C. only which may not be taken into account at a subsequent stage. With the above observation, the petition stands disposed of. NKS/- ( Rakesh Kumar, J )