Ramchandra Prasad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1815 of 2016 Arising Out of PS. Case No.- Year- Thana- District- Nalanda ====================================================== Ramchandra Prasad S/o Late Hari Mahto Resident of Village - Ranabigha, P.S.- Deep Nagar, District - Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Binod Kumar @ Dara Singh S/o Narayan Mahto Resident of Village - Ranabigha, P.S. - Deep Nagar, District - Nalanda. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Advocate For the Opposite Party/s :
Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-09-2018 This petition under Section 482 Cr. P. C. has been filed for quashing the order dated 02.11.2015 passed by Additional Sessions Judge -V Nalanda (Biharsharif) in Cr. Rev. no. 444 of 2014 whereby the order dated 17.07.2014 passed by Executive Magistrate Biharsharif (Nalanda) in case no. 482(M) / 2007 declaring the possession of opposite party no.2 on the disputed land under Section 145 Cr. P. C. has been affirmed. The Lower Court Records has been received.
Perused the order passed by the Executive Magistrate dated 17.7.2014 as well as the order dated 2.11.2015 passed by the learned Additional Sessions Judge-V, Nalanda ( Biharsharif). This Court finds from perusal of the order passed by
Patna High Court Cr.Misc. No.1815 of 2016(3) dt.07-09-2018 2/2 the Executive that after considering all the materials including the evidence brought on record by both the parties, he has passed the order declaring the possession of the first party over the land in dispute. The revisional Court has affirmed the order dated 17.7.2014 after looking into materials available on record. This Court finds that order passed by both the Court was concluded by finding of facts.
Therefore, this Court does not find any illegality in the impugned order(s) passed by both the Court below. This Cr. Misc. petition is, accordingly, dismissed. (Sanjay Priya, J) shyambihari/- U T