The Patna High Court in the case Laxman Sah. and Ors vs. The State of Bihar and Ors observed and has held that an order passed by the authority as stated under section 145 of Code of Criminal Procedure, 1973 is in the nature of judicial order and not an administrative order.
The bench headed by Justice Dr. Anshuman in the case observed that it transpires to this Court that passing such type of order is basically being an administrative order. Thus, the officer i.e., Sub-Divisional Officer Nakatiaganj may be holding of the executive post but at the time of deciding the proceeding as stated under section 145 of the Code of Criminal Procedure. He being the quasi-judicial authority and is supposed to pass the judicial order and not an administrative order. Therefore, it being well established that the judicial order being the order which is based upon the reasonings on the basis of materials on record and with full discussion which are absolutely lacking in this case.
It has also been submitted by the counsel appearing for the petitioner that the said case pertains to a dispute between the two parties, wherein it has been submitted by them that their pleadings and adduced evidence, wherein the first party presenting six pieces and the second party presenting four pieces of evidence. Further, it has also been argued before the court that the trial court did not apply its mind and arrived at a perverse finding which being without any discussion of the oral witness statements.
It has also been argued by the counsel appearing for the opposite party that the said court has gone through the entire record and only then reached a conclusion.
The court in the case observed and has set aside the impugned order and the court also remanded the matter back to the trial court for fresh consideration on the basis of pleadings and the documents on record.
Accordingly, the court set aside the an order passed by Sub-Divisional Officer, Nakatiaganj.