RAM SANEHI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the order dated 19.6.2004 passed by learned Sessions Judge. Buxar in Cr. Revision No. 73/2004 whereby he has dismissed the revision and affirmed the order of Sub - divisional Magistrate. Buxar dated 18.5.2004 passed in Case No. 510(M)2000.

(2.) IT appears that the petitioner filed a petition on 4.7.2000 for initiating a proceeding under Sec. 133. of the Code against opposite party nos. 4 to 6 in the court of Sub -divisional Magistrate, Buxar vide Case No.510(M)/2000 alleging therein that the members of opposite party nos. 4 to 6 have encroached upon plot no. 182 which is 12 wide public way (Sarba Sadharan Rasta) situated between plot no. 168 and 210 in village Nidhuan. RS. Buxar District Buxar by filing soil in the way which resulted in obstruction of exit of water from his house situated over plot nos. 212 and 210 respectively. Learned Sub -divisional Magistrate on receipt of petition, called for a report from the officer incharge of Buxar Mufassil Police Station about the situation. The Police inspected the site and submitted a report vide memo No. 430/2000 dated 8.8.2000. After getting the police report the learned Executive Magistrate passed order in favour of petitioner on 11.3.2001 and ordered the opposite party to remove the entire gathered soil from the way within ten days and clear all obstructions in the exit of drain water from the house of the petitioner. Thereafter a revision was preferred before the Sessions Judge, Buxar against the order dated 11.9.2001 vide Cr.Revision no. 167/2001 by the opposite party. Learned Sessions Judge heard the matter and allowed the revision and also remanded the matter to the Sub -divisional Magistrate, Buxar for making inquiry under the provisions of Sec.138 of the Code. Thereafter learned Sub -divisional Magistrate directed the opposite party No.3. Circle Officer, Buxar to make proper inquiry and submit a report. The opposite party No.3 duly inquired the matter alongwith Anchal Amin and submitted a report in which it was disclosed that opposite party nos. 4 to 6 have deliberately made obstruction over plot No. 182 which is Aam Rasta by collecting large quantity of soil which caused hindrance in exit of drainage water of the petitioner.

(3.) A counter affidavit has been filed supporting the impugned order.