IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20329 of 2010 MAHUWA DEVI, WIFE OF LATE JITU TANTI, RESIDENT OF VILLAGE CHIRAIYA, P.S. SIMULTALLA, P.O. TELWA, DISTT. JAMUI. ------ PETITIONER. Versus 1. THE STATE OF BIHAR 2. TIPAN TANTI, SON OF FUKAN TANTI. 3. BIREMA TANTI, WIFE OF SAHDEO THAKUR. 4. SAHDEO THAKUR, SON OF LATE KHIRO THAKUR. ALL ARE RESIDENT OF VILLAGE CHAIRAIYA, P.S. SIMULTALLA, DISTT. JAMUI. ------- OPPOSITE PARTIES. ----------- 2. 24.02.2011 Heard the parties. The petitioner is aggrieved with the order dated 26.3.2010 passed by the Additional Sessions Judge-II, Jamui, in Criminal Revision No. 25 of 2009 by which he has remanded a proceeding under Section 144 Cr. P.C. in Case No. 482M of 2008 to the Sub Divisional Magistrate, Jamui, for a fresh consideration. Undisputedly, the order of the Sub Divisional Magistrate dropping the proceeding was passed on 19.12.2008 whereas the revisional order remanding the matter was passed on 26.3.2010. Since Sections 144 to 146 Cr. P.C. are Provisions invoked only during emergency, this order having been passed after almost about 1 ½ years of the dropping of the proceeding, is evidently not in the interest of the parties. Under the circumstances, the Magistrate concerned will take into consideration as to whether there is any emergent situation arisen between the parties for passing a fresh order on a proceeding under Section 144 Cr. P.C and only after 2 considered the rival contentions. With these observations, the application is disposed of. S.Ali ( Anjana Prakash, J.)