RAJ KUMAR SAHU Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS application is directed against the order dated 20.6.2012 passed by the 3rd Additional Judicial Commissioner, Ranchi in Cr. Rev. No.206 of 2011 whereby and whereunder the revisional court set aside the order dated 24.10.2011 passed by the Sub -divisional Magistrate, Sadar Ranchi whereby Misc. Case No.580 of 2011 filed on behalf of the opposite parties 2 to 6 for initiating a proceeding under Section 147 of the Code of Criminal Procedure was rejected.

(2.) IT appears that opposite parties 2 to 6 filed a case before the Sub - divisional Magistrate, Sadar Ranchi for initiating a proceeding under Section 147 of the Code of Criminal Procedure stating therein that opposite parties 2 to 5 did purchase part of the land appertaining to R.S. Plot no.1220 from the heirs and successors of recorded tenant through sale deeds in which 13 ft. wide road running south to north was shown towards the western side of the vended plots. Similarly, opposite party no.6 purchased land appertaining to R.S. Plot No.1655 from the rightful owner through a sale deed in which 13 ft. wide road was shown towards northern side of the vended plot.

(3.) ON such application, a report from the local police was called for and at the same time, notice was issued to the petitioner. The petitioner having appeared put his case that it is absolutely false to say on the part of the opposite parties 2 to 6 that 13 ft. wide road running south to north does exists in the western side of the land purchased by them (opposite parties 2 to 5), rather the fact is that the Plot No.1220 is a big plot having an area of 1.59 acre, descendants of recorded tenant are in use and occupation of remaining portion of land appertaining to said Plot No.1220 which does situates towards eastern side of the land purchased by the opposite parties and have been using 13 ft. wide road situates towards eastern side for ingress and egress which connects Argora Bye -pass Road and the opposite parties 2 to 6 have also been using the same 13 ft. wide road situates on the eastern side of the land of the petitioner appertaining to Plot No.1220.