DULAR CHAND SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the order dated 15.9.2008 passed by Additional Sessions Judge, F.T.C.-III, Patna in Cri. Revision Nos. 124 of 2008/18 of 2008 and also the order dated 31.1.2008 passed by Executive Magistrate, Danapur in Case No. 225(M) of 2003. In brief, apprehension of breach of peace reported to S.D.M., Danapur in between the petitioners and father of opposite party Nos. 2 and 3 as he then was alive but it appeared to learned S.D.M. to convert the proceeding under Section 107 into one under Section 147 Cr.P.C. as the dispute for which apprehension of breach of peace was existing was concerning 'Rasta' over a piece of land 7' x 200' of survey plot nos. 30 and 31 under khata no. 142, Tauzi Nos. 5 to 97 of Mauza Jamsaut Mahal, Sikandarpur, P.S. Sahpur, District-Patna.

(2.) It is admitted fact of the parties that both the parties purchased land from the same transferor on same day. Father of opposite party Nos. 2 and 3 purchased 30 decimals of land of plot Nos. 30 and 31 while petitioners purchased 6 and 1/4 decimal of land of the same plot mentioning T Rasta in one of the boundaries.

(3.) Parties filed their W.S., thereafter adduced witnesses and hearing them, learned Executive Magistrate to whom the case was transferred by S.D.M. decided the matter that there was no existence of any Rasta through the land of opposite party nos. 2 and 3 which was claim of petitioners. The order was challenged in revision but same is dismissed. Now prayer is to quash both the orders that of the Revisional Court vide Cri. Revision Nos. 124/08/18/08 passed by Additional Sessions Judge, F.T.C.-3, Patna and vide Case No. 225(M) of 2003, Trial No. 18/04 Mahendra Sao vs. Dular Chandra Sao under Section 147 Cr.P.C. by Sri Sanjiv Singh, Executive Magistrate, Danapur.