MANOJ KUMAR OJHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 30.09.2015 passed by the Additional Sessions Judge, 6th, Buxar, in Cr. Revision No.195 of 2013 by which he has set aside the order dated 27.10.2009 passed by the SDM, Dumraon, in Case No.51(M) of 2009.

(2.) Heard counsel for the parties.

(3.) Counsel for the Petitioners submits that there was no valid service of notice on them with regard to initiation of proceeding under Section 144 Cr.P.C. on 14.02.2009. No notice was ever served on them. In the meantime, petition was filed by Opposite Party No.2 before the SDM on 17.02.2009 alleging that Petitioners are making construction over the disputed land by violating the order passed by the Magistrate on 14.02.2009 and made prayer to initiate proceeding under Section 188 Indian Penal Code against the Petitioners. Learned Magistrate has refused to initiate proceeding on the ground that there is no valid service of notice on the Petitioners. But, the revisional Court has set aside the order of the learned SDM and after considering that notice was validly served ordered to initiate proceeding under Section 188 Indian Penal Code.