SHRIKRISHNA PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE petitioner has filed the present application for initiating a proceeding for contempt against the opposite parties for willful and deliberate violation of the order and direction passed by this Court dated 4.3.2002 in Cr. Misc. No. 4695 of 2001.

(3.) THE short facts of the case, relevant for the determination of the present issue, is that the petitioner Shrikrishna Pandey had filed an application under Sec. 147 Cr.P.C. with respect to obstruction to his right of way by the opposite party. By order dated 28.2.2000 passed by the Sub - Divisional Magistrate, Raxaul in Case No. 193(M)/97 under Sec. 147 Cr.RC. it was held that the first party (petitioner) had right of way with respect to the land in question which was being obstructed by the second party Baldeo Pandey (opposite party no. 5) and he was directed to reopen the closed passage IRasta) within one week, on violation of which proper legal action was to be taken against the second party for clearing the way. Against the said order the opposite party no. 5 filed Cr. Revision No. 168/66 of 2000/2000 which was dismissed by order dated 19.1.2001 by the 4th Additional Sessions Judge, Motihari holding that the impugned order dated 28.2.2000 does not suffer from any illegality or jurisdictional error. Against the same the opposite party no. 5 approached this Court by filing an application under Sec. 482 Cr.P.C. being Cr. Misc. No. 4695/2001 which was also dismissed by order dated 4.3.2002 by this Court holding that there was no reason to interfere with the impugned order of the Additional Session 'sJudge. The said order was further challenged by filing SLP (Cr.) No. 2479/2002 before the Supreme Court which was dismissed in limine by order dated 8.7.2002. The petitioner has filed the present application for initiating a contempt proceeding for willful and deliberate violation of the order and direction of this Court dated 4.3.2000.