Patna High CourtCR. MISC./42263/2013dismissed

Ramakant Yadav And ORS. v. The State Of Bihar And ORS

2016-03-31Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.42263 of 2013 (4) dt.31-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42263 of 2013 ======================================================

1. RAMAKANT YADAV S/O LATE SHIV PUJAN YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ (BIHAR)

2. MOHAN YADAV S/O RAMAKANT YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ (BIHAR)

3. JITENDRA YADAV S/O RAMAKANT YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ (BIHAR)

4. MANSHI YADAV S/O LATE GARJU YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ (BIHAR)

5. RAJDEO YADAV S/O MANSHI YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ (BIHAR)

6. RANJAN YADAV S/O SR RAM YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ (BIHAR) .... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR

2. RABALI YADAV S/O LATE DEV NANDAN YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ

3. SAUDAGAR YADAV S/O LATE SARYUG YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ

4. SHIVDHAR YADAV SON OF LATE SARYUG YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ

5. SUGAMBER YADAV SON OF LATE SARYUG YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ

6. VIJAY YADAV SON OF SAUDAGAR YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ

7. LALDEO YADAV SON OF SAUDAGAR YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ

8. TUFANI YADAV SON OF SHIVDHAR YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ

9. RAMLAL YADAV SON OF SHIVDHAR YADAV RESIDENT OF VILLAGE - LUHASHI, POLICE STATION - UCHKAGAON, DISTRICT - GOPALGANJ .... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate.

Patna High Court Cr.Misc. No.42263 of 2013 (4) dt.31-03-2016 For the State : Mr. J.Upadhyaya (APP) For the Opposite Parties : Mr. Jitendra Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-03-2016 Heard learned counsel for the petitioners and learned counsel for the Opposite Parties.

This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 25.07.2013 passed in Criminal Revision No. 60 of 2013/ 24 of 2013, whereby the Adhoc Additional Sessions Judge-I, Gopalganj, dismissed the aforesaid Criminal Revision of petitioners affirming the order dated 06.11.2012 passed in Misc. Case No. 765 of 2012, under Section 147 of the Criminal Procedure Code, by the S.D.M., Hathua, declaring 6 feet width road in land dispute for passing the respondents and restraining second party/petitioner not to raise any construction and removed the encroachment on the road within fifteen days.

On going through the impugned order, I find no illegality amounting to abuse of process of court for interference with the same. Accordingly, this appeal stands dismissed. .

(Rajendra Kumar Mishra, J) Bhardwaj/- U T