IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.866 of 2009 MANOJ KUMAR SON OF WALMIKI PRASAD R/O- VILLAGE AHIYAPUR, MUSHAHRI, P.S.- SARMERA, DISTRICT- NALANDA. Versus 1. THE STATE OF BIHAR 2. DR. ISRAR AHMAD, S/O- LATE MD. USMAN, R/O- MOHALLA CHHAJJU KHARI KUNAWA, P.S.- BIHAR, DISTRICT- NALANDA. For the petitioner : Mr. Farooque Ahmad Khan, Advocate. For the State : Mr. Quamar Raza, Advocate For the O.P. : Mr. Abha Singh, APP ----------- 2 03.05.2011 Heard learned counsel for the petitioner and the State. Petitioner assails the order dated 27.4.2009 passed by learned Sub-Divisional Magistrate, Biharsharif in a proceeding under Section 144 of the Code of Criminal Procedure (for short the Code) vide Case No. 47M of 2009. It is admitted at Bar that by efflux of time, the order impugned has lost its force. Learned counsel for the petitioner submits that there is/are certain observation in the order which touches on the title/possession of the parties over the said land. It is submitted that this Court may observe that any findings on that aspect shall not prejudice the claim/interest of the parties to the said proceeding. Learned counsel appearing on behalf of O.P. No. 2, on the other hand, submits that since the order has already become ineffective by statutory provisions contained in the Code itself, no observation is required in the matter. He, however, concedes that this Court may observe that any 2 observation made in the order beyond the scope of Section 144 Cr.P.C. shall not be prejudicial to the interest of the parties. It appears that parties are in agreement on one point that the proceeding being summary in nature, the observations made by the learned Magistrate in the order impugned for deciding the issue before it, may have some adverse effect on the claim of title/possession asserted by the parties. In the interest of justice, this Court is inclined to observe that any finding/observation made in the impugned order which touches the right/interest and title of the parties in the proceeding over the land in question shall not prejudice the case of the parties. With this observation, the application is dismissed. pkj ( Kishore K. Mandal, J)