Purushottam Dahlan v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.951 of 2017 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Purushottam Dahlan Son of Late Narain Prasad Dahlan, resident of Ward No.- 7, Mohalla- Shiwala Road, P.S.- Khagaria Town, District- Khagaria. ... ... Petitioner/s

Versus

1.

The State Of Bihar and Ors 2.

Prabhat Kumar @ Pandav Kumar Son of Deobrat Prasad, resident of Mathurapur, P.S. and District- Khagaria.

3.

Mala Prakash W/o Sanjay Prakash, resident of Chamanbali, P.S.- Gola, District- Ramgarh Jharkhand at present residing in the house of D.P. Singh at Chandrapura, Tetarabad, P.S.- Genaur, District- Khagaria. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Jha, Adv.

For the Respondent/s :

Mr. Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-04-2023 Learned counsel for the petitioner and counsel for the State present.

The present revision application has been filed for quashing of part of the order dated 12.06.2017 passed in Misc. Case No.426(M) of 2017 by the S.D.M.,Khagaria under Section 144 of Cr.P.C.

Counsel for petitioner submits that the petitioner is aggrieved only part of the observation that upon consideration, the matter is related to identification of measurement of land. But upon going through the order, it transpires to this Court that the actual observation is otherwise. It has been categorically

Patna High Court CR. REV. No.951 of 2017(4) dt.29-04-2023 2/2 stated that the aggrieved person should move before the Court of Competent Jurisdiction on the basis of surroundings made in the documents.

In the opinion of the Court, it is the correct observation and there is no need of any interference therefore, this revision petition is dismissed. The observation made in the said revision shall not affect to the parties when either of them shall file the cases in compliance of the impugned order passed by the Court of S.D.M.,Khagaria.

With this direction, this criminal revision application is hereby dismissed.

(Dr. Anshuman, J.) prakashmani/- U T