ABHAY KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Navneet Sahay, learned counsel appearing for the petitioner and M/s. Amrita Sinha, learned counsel appearing for the opposite party nos. 2 to 5.

(2.) This application is directed against the order dated 202001 passed by the learned District & Sessions Judge, East Singhbhum, Jamshedpur in Criminal Revision No. 53 of 2000 whereby and where under the revision application preferred by the opposite party no. 2 to 5 against the order passed under Sec. 133 of the Crimial P.C. has been allowed.

(3.) It has been stated by the learned counsel for the petitioner that admittedly there has been unlawful obstruction with the land in question which has caused hindrance and nuisance which resulted in initiating a proceeding under Sec. 133 of the CrPC. Learned counsel submits that the order passed by the learned District & Sessions Judge, East Singhbhum, Jamshedpur though in a veiled statement has admitted to the aforesaid fact but on the other hand has stated that there is no encroachment rather the road has become narrower. Learned counsel submits that in view of the findings of the learned District & Sessions Judge, East Singhbhum, Jamshedpur which has not been properly appreciated the order passed by the Executive Magistrate, Jamshedpur the impugned order deserves to be quashed and set aside.