Indu Bhushan Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Revision No.1195 of 2016 Arising Out of PS. Case No.- Year- Thana- District- Lakhisarai ====================================================== Indu Bhushan Prasad, son of Late Loknath Yadav, resident of MohallaLakhisarai English, Ward No.5, P.S.+District- Lakhisarai. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Ramanuj Mahto @ Ramanuj Kumar, son of Late Basudeo Mahto, 3.

Rekha Devi, wife of Ramanuj Mahto, Both resident of Mohalla- Lakhisarai English, P.S.+District- Lakhisarai.

4.

Directore Vodafone Spectal Ltd., Sai Corporate Park, Opposite SSB Office, Rukanpura, Baily Road, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar For the Respondent/s :

SMT. SHARDA KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar. By an order, dated 06.08.2016, passed by the Sub Divisional Officer, Lakhisarai, the proceeding under Section 144 of the Code of Criminal Procedure, 1973, in Case No. 216 (M2) 15, has been dropped.

From the impugned order, I notice that the Sub Divisional Officer, Lakhisarai, on the basis of evidence adduced in the proceeding, has recorded that nothing has been reported in the police report that there was any apprehension of breach of peace. He has also recorded his opinion that the land, in

Patna High Court CR. REV. No.1195 of 2016(4) dt.11-08-2017 2/2 question, is in possession of the opposite parties. I do not find any illegality of the nature requiring interference by this Court, with the order in revisional jurisdiction.

This application is accordingly dismissed.

It goes without saying that any finding on the question of possession over the land, in question, recorded by the Sub Divisional Officer, Lakhisarai, is tentative in nature and subject to the decision of a court of competent jurisdiction. (Chakradhari Sharan Singh, J) Prabhakar Anand/- U √