VIJAY PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 482 of the Code of Criminal Procedure, 1973 with the prayer to quash the order dtd. 18/2/2021 passed in connection with Misc. Case No.1429 of 2018 under Sec. 133 of the Cr.P.C. by the learned Sub-Divisional Magistrate, Sadar, Medninagar and also to quash the order dtd. 8/12/2022 passed in Criminal Revision No.45 of 2021 by the learned Sessions Judge, Palamau at Daltonganj which was filed challenging the said order dtd. 18/2/2021 passed in connection with Misc. Case No.1429 of 2018 under Sec. 133 of the Cr.P.C. by the learned Sub-Divisional Magistrate, Sadar, Medninagar.

(3.) The brief fact of the case is that the petitioners and the opposite party No.2 are agnates. There was a land dispute between the parties regarding the ancestral land belonging to them and it was held that a Gali (passage) situated over their private ancestral land, will be used by both the parties and none will obstruct and an agreement was also entered into between the parties that bears the signature of both the parties. The opposite party No.2 herein as the first party, submitted an application under Sec. 133 of Cr.P.C. against the petitioners with the prayer to direct the petitioners to remove the obstacle formed by them which is the only passage (Gali) for ingress and egress of the members of the first party of that proceeding. The learned Sub-Divisional Magistrate, Sadar, Medninagar vide its order dtd. 18/2/2021 in Misc. Case No.1429 of 2018 directed the petitioners who are the members of the second party of the proceeding under Sec. 133 of the Cr.P.C. to remove the obstructions from the said passage and to remove the staircase obstructed over the said land within 15 days from the date of that order. Being aggrieved by the said order, the members of the second party who are the petitioners herein, filed Criminal Revision No.45 of 2021 in the court of learned Sessions Judge, Palamau at Daltonganj but the learned Sessions Judge, Palamau at Daltonganj keeping in view the agreement between the parties, did not find any merit in the Criminal Revision and affirmed the order passed by the learned Sub-Divisional Magistrate, Sadar, Medninagar and dismissed the Criminal Revision.