SANTOSH KUMAR SHARMA Vs. MOTILAL MAHAWAR

JUDGEMENT

(1.) In this application, the petitioner has prayed for quashing of an order dated 29-3-1986 passed by Sri J. C. Das, Executive Magistrate, Sahebganj in T.R. Case No. 52/85, whereby and whereunder a proceeding under Section 133 of the Code of Criminal Procedure, 1973 was initiated.

(2.) The fact of the matter lies in a very narrow compass.

(3.) On 11-12-1984, a petition was filed by the opposite parties alleging inter alia therein that the land situate adjacent west to house of the petitioner was a passage bearing plot No. 704 and the same is connected with the public road through a lane bearing plot No. 706. Allegedly, the petitioner made encroachments upon the aforementioned plot Nos. 704 and 706, as a result whereof, an obstruction on the aforementioned lands and road has been created. A copy of the said application is contained in Annexure 1 to this application.