Sunaina Devi v. The State Of Bihar And ORS

Patna High Court CR. REV. No.1115 of 2013 dt.30-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No. 1115 of 2013 Arising out of P.S. Case No. -null Year- null Thana -null DistrictGAYA ======================================================== Sunaina Devi, Wife of Late Om Prakash, Resident of Village-Punawan Tola Sinha Colony, P. S.-Wazirganj, District-Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Binod Puri, Son of Maheshwar Puri @ Mahesh Puri.

3. Manoj Puri, Son of Maheshwar Puri @ Mahesh Puri.

4. Maheshwar Puri @ Mahesh Puri, Son of not known. All are resident of Village-Punawan Tola Sinha Colony, P.S.-Wazirganj, District-Gaya. .... .... Respondent/s ======================================================== Appearance :

For the Petitioner/s : Mr. Jharkhandi Upadhyay, Adv. For the Respondent/s : Smt. Asha Devi, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 30-06-2015 The Petitioner seeks revision of the order dated 08.04.2011 passed by the Sub-divisional Judicial Magistrate, Sadar Gaya in Misc. Case No. 1240 of 2009 by which he has dropped the proceeding under Section 147 Cr.P.C. It appears that even though the Court had noted that there was no right of easement to the Petitioner after the private Opposite Parties had purchased the land and developed it he dropped the proceedings which evidently is not in accordance with law.

In view of such, the matter is remanded to the Court below with a direction to him to pass fresh order within four weeks after hearing both the parties. He will be at liberty to appoint a Surveyor to take note of the situation before he passes final order.

Vikash/- (Anjana Prakash, J.) U T