Aasha Devi v. The State Of Bihar Through The Principal Secretary, Home Dept , Govt. Of Bihar . And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1719 of 2017 Arising Out of PS. Case No.-142 Year-2015 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Aasha Devi, wife of Suresh Yadav, Resident of Village-Tek Niwas, P.O Tek Niwas, P.S. Revelganj, District- Saran.

... ... Petitioner

Versus

1.

The State Of Bihar through the Principal Secretary, Home Dept , Govt. Of Bihar.

2.

Om Prakash Tiwary, Son of late Bharat Tiwary 3.

Sri Ram Tiwary Son of late Jagannath Tiwary.

Respondent Nos. 2 and 3 residents of Village and P.O. Tek Niwas, P.S. Revelganj, District- Saran.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Rai, Advocate Mr. Navin Nikunj, Advocate For the Respondent/s :

Mr. P.K. Verma, AAG-3 Mr. Suman Kumar Jha, A.C. to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-03-2023 Heard learned counsel for the parties.

In this case, the petitioner is challenging the order dated 04.03.2017 passed by learned Sessions Judge, Saran at Chapra, in Criminal Revision No.211 of 2016, by which the learned Court below has dismissed the revision petition filed by the petitioner and affirmed the order dated 03.08.2016 passed by learned A.C.J.M.-VII, Saran at Chapra, whereby the learned Magistrate has dismissed the complaint petition filed by the petitioner.

Patna High Court CR. WJC No.1719 of 2017(3) dt.23-03-2023 2/2 The petitioner has been unsuccessful in the Magistrate Court as well as in the Revisional Court. There is concurrent finding of facts of Courts below that the dispute appears to be civil in nature. There is no illegality and irregularity in the impugned order.

Accordingly, this application is dismissed with a liberty to the petitioner to file a Title Suit before the appropriate Court for redressal of his grievances.

Any observation made by the Magistrate Court as well as Revisional Court with regard to the facts of the case will not prejudice the case of the petitioner on civil side. (Sandeep Kumar, J) pawan/- U T