Nawal Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1077 of 2013 Arising Out of PS.Case No. -null Year- null Thana -null District- PATNA =========================================================== Nawal Yadav, son of late Ramcharitra Singh, resident of village-Mosimpur, P.S.- Khushrupur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar &

2. Sadar Balwant Singh, son of Sardar Yadunandan Singh, resident of villageMosimpur, P.S.-Khushrupur, District- Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar, Advocate For the Respondent/s : Mr. C. B. Singh, Advocate APP =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 11-05-2015 It has rightly been pointed out by the counsel for the Petitioner that the order dated 03.05.2011 passed by the Executive Magistrate, Patna City, Patna, in Misc. Case No. 88 of 1997 does not record that that there was breach of peace before declaring the possession of the Opposite Party No.2.

In view of such, the matter is remanded to the Court below. The Executive Magistrate, Patna City, shall call for a fresh report with regard to breach of peace and thereafter proceed in accordance with law and pass appropriate order within a period of three weeks from the date of receipt of the report. The application stands disposed off with the aforesaid

Patna High Court CR. REV. No.1077 of 2013 dt.11-05-2015 2/2 direction/observation.

(Anjana Prakash, J) JA/- U T