KASHI RAJAK 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. 10/3/2017 passed by the learned Additional Sessions Judge-V, Giridih in Criminal Revision No.68 of 2015 whereby and where under the learned Additional Sessions Judge-V, Giridih has allowed the Criminal Revision and set aside the order dtd. 8/11/2014 passed by the learned Sub-Divisional Magistrate, Giridih in connection with Case No.16 of 2014 by which the learned Sub-Divisional Magistrate, Giridih dropped the proceeding under Sec. 133 of Cr.P.C.

(3.) The brief fact of the case is that the opposite party No.3 filed an application under Sec. 133 of Cr.P.C. which was registered as Case No.16 of 2014 before the learned Sub-Divisional Magistrate, Giridih. It was contended by the opposite party No.3 herein, who was the first party of the said proceeding before the Subdivisional Magistrate, that the petitioner is obstructing the road leading to plot No.203 Khata No.19 of Mouza- Sirsia and has constructed a house by encroaching over the same. The learned Sub-Divisional Magistrate, Giridih did not pass any conditional order. After obtaining the report from the Circle Officer, Giridih and the Officer In-charge of Giridih Muffassil Police Station as well as the affidavit of the six persons filed on behalf of the opposite party No.2/first party; came to the conclusion that the petitioner herein who was the member of the second party before the Sub-Divisional Magistrate, Giridih, has not encroached upon any Government land/public road and on the basis of the same dropped the proceeding.