IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13413 of 2010 KISTO PRASAD GUPTA S/O LATE HIRA LAL SAH R/O VILLAGE- BERAGHAT, TOLA BHAGWANPUR, WARD NO.-4 P.S.- RAJ NAGAR, DISTRICT- MADHUBANI ……………… Petitioner Versus 1. THE STATE OF BIHAR 2. SHIVJEE SAHU S/O LATE ASHARFI SAHU R/O VILLAGE- BERAGHAT TOLA, BHAGWANPUR, P.S. RAJNAGAR, DISTRICT- MADHUBANI ……………….Opposite Parties ----------- 2. 13.12.2010 Heard the parties. The petitioner seeks quashing of the order dated 1.8.2007 passed by sub-Divisional Magistrate, Sadar, Madhubani in M.R. Case No. 514 of 2001, by which the court below has declared possession of the opposite party no.2 in a proceeding under Section 145 Cr.P.C. and of order dated 30.11.2009 passed in Cr. Rev. no. 1108 of 2007 passed by Addl. Sessions Judge, F.T.C.-Ist, Madhubani, by which he has refused to interfere in the matter. The petitioner is aggrieved by the stray observations made by the S.D.M. Sadar, Madhubani, while declaring possession of the opposite party no.2. Since the S.D.M. Madhubani has considered all the documents and the oral evidence produced by the petitioner, I am not inclined to interfere in the matter. The application stands dismissed. However, the observations made by the S.D.M. Madhubani with regard to the title shall have no effect on either party. Fahad. ( Anjana Prakash, J. )