YUGAL KISHORE CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition, under Sec. 482 Cr. P.C., has been preferred by the petitioner impugning the order dtd. 17/6/2016, passed by Ld. Additional District and Sessions Judge, Rosera, Samastipur in Criminal Revision No. 263 of 2013 arising out of Criminal Proceeding bearing M.R. No. 316 of 2012, pending in the Court of Ld. Sub-divisional Magistrate, Rosera.

(2.) Relevant facts, as emerging from the record, is that the petitioner Yugal Kishore Choudhary is Sevait of Sri 108 Sri Ram Janki Jee Thakurbari, situated at Village Kalyanpur, Police Station-Bibhutipur, District-Samastipur. The land in dispute bearing Old Plot No. 227, Khesra No. 3210 and 3211(New Khesra No. 5553) measuring 1 katha 1.3/4 dhurs belongs to Sri 108 Sri Ram Janki Jee Thakurbari. However, respondent nos. 2 and 3, namely, Shambhu Kumar Jha and Mahesh Kumar Jha are claiming to be the owner of the property in question on the basis of sale deed executed by Indresh Kumar Jha and are disturbing the peaceful possession of the petitioner. Hence, the matter was reported by the petitioner to the police and the police, after inquiry, sent a report to the Ld. Sub-Divisional Magistrate, Rosera, Samastipur stating that after enquiry, it has been found that on account of land in dispute, there is tension prevailing between the parties and one FIR bearing Bibhutipur P.S. Case No. 58 of 2012 has been also lodged against the respondent nos. 2 and 3 at the instance of the petitioner. It was also reported that there is possibility of breach of peace.

(3.) On the aforesaid report of the police, Ld. Sub- Divisional Magistrate, Rosera, Samastipur initiated proceeding under Sec. 144 Cr. P.C. However, after hearing both the parties, Ld. Sub-Divisional Magistrate, Rosera, vide order dtd. 13/7/2012, passed in M.R. No. 316 of 2012 converted the proceeding under Sec. 144 Cr. P.C. into proceeding under Sec. 145 Cr. P.C. The aggrieved parties, i.e., respondent nos. 2 and 3, namely, Shambhu Kumar Jha and Mahesh Kumar Jha preferred revision bearing Criminal Revision No. 263 of 2013 before Ld. Sessions Court, Samastipur, and vide order dtd. 17/6/2016, Ld. Sessions Court, Samastipur allowed the said criminal revision setting aside the order dtd. 13/7/2012, passed by Ld. Sub-Divisional Magistrate, Rosera in M.R. No. 316 of 2012. Hence, the petitioner has preferred the present petition under Sec. 482 Cr. P.C. against the revisional order dtd. 17/6/2016.