SACHIDANAND PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By the impugned order dated 15.12.2015 passed in Misc. Case No.397 of 2015, the learned Sub Divisional Judicial Magistrate, Rajgir initiated a proceeding under Section 147 Cr.P.C. between the parties over Plot No.4247 under Khata No.753 area 17 decimals. The petitioner challenged the aforesaid initiation before the learned Sessions Judge, Nalanda at Biharsharif in Cr. Revision No.01 of 2016 which was heard by learned 2nd Additional Sessions Judge, Biharsharif, Nalanda and by order dated 15.12.2015, the criminal revision application was dismissed. Both the orders are under challenge in this application under Section 482 Cr.P.C.

(3.) The impugned order dated 15.12.2015 reveals that the Circle Officer and the Deputy Collector Land Reforms, Rajgir submitted a report dated 02.12.2015 stating therein that there is dispute of right of user of way between the parties on Plot No.4247 under Khata No.753 area 17 decimals and there is apprehension of breach of peace for that dispute. Being satisfied with the report of D.C.L.R. and the Circle Officer the learned S.D.J.M. initiated the proceeding.