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Patna High CourtCR. MISC./36843/2013dismissed

Kumar Saurabh And ANR. v. The State Of Bihar And ORS

2016-03-08Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36843 of 2013 ======================================================

1. Kumar Saurabh,

2. Kumar Sachin, Both sons of Vishwanath Singh, Resident of VillageRampur, Dudhpura, P.S. Samastipur Muffasil, District-Samastipur, presently residing at Sugar Mill Campus, P.S. Samastipur Town, District- Samastipur.

.... .... Petitioners

Versus

1. The State of Bihar

2. Tarun Kumar,

3. Varun Kumar, Both sons of Raj Kishore Singh, Resident of Rampur, Dudhpura, P.S. Samastipur Muffasil, District- Samastipur. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioners : Mr. Sanjay Kumar Pandey No-5 For the Opposite Parties : Mr. Dasrath Mehta (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-03-2016 Heard.

This application has been filed under Section 482 of Cr.P.C. against the order dated 26.06.2013 in Miscellaneous Case No. 209 of 2013, whereunder the S.D.M., Samastipur refused to initiate proceeding under Section 144 Cr.P.C. on the basis of the report of Officer-in-Charge in which the petitioner was the member of the first party arriving at conclusion that the dispute appears to be a pure land dispute, which requires the disposal under the Bihar Land Dispute Resolution Act.

On going through the impugned order, I do not find any illegality amounting to abuse of process of Court for

Patna High Court Cr.Misc. No.36843 of 2013 (4) dt.08-03-2016 2/2 interference in extraordinary jurisdiction under Section 482 Cr.P.C. Accordingly, this application is hereby dismissed. (Rajendra Kumar Mishra, J.) manish/- U T