RAM KISHOR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is a petition under S. 482 of the Code of Criminal Procedure, in short 'the Code', for quashing the order of the Ist Additional Sessions Judge, Arrah dt. 24-2-1999 in Cr. Revision No. 219 of 1998, whereby and whereunder, he set aside the order of the Sub Divisional Magistrate, Piro, Arrah, passed under S. 133 of the Code. Having heard the parties, this application is being disposed of at this stage itself.

(2.) It would appear from the materials on record that Land Encroachment Case No. 3 of 1991-92 was started before the Anchal Adhikari alleging obstruction of a public passage against the opposite parties. The Anchal Adhikari having enquired into the matter, by order dated 20-9-1991 directed the opposite parties to immediately remove the obstruction. But in spite of the order of the Anchal Adhikari when opposite parties did not remove the obstruction, a petition was filed on behalf of the petitioner before the Sub Divisional Magistrate under S. 133 of the Code, which was ultimately referred to the Anchal Adhikari for a report. The Sub Divisional Magistrate, thereafter, on getting the report of the Anchal Adhikari and being satisfied regarding obstruction of a public passage, directed both the parties to file show cause.

(3.) Feeling aggrieved against the aforesaid order, the opposite parties filed Revision No. 145 of 1993 before the Sessions Judge, questioning the jurisdiction of the Magistrate, but the said revision petition was dismissed on 5-5-1994 and thereafter, the case in question proceeded.