Sudama Roy @ Sudama Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL REVISION No.20 of 2018 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Sudama Roy @ Sudama Singh S/o Late Jag Narayan Singh @ Jaggu Roy, R/o Village- Shahpur, P.S.- Shahpur, District- Bhojpur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Bhojpur at Ara.

3.

The S.D.M., Jagdishpur , District - Bhojpur at Ara. 4.

The Executive Magistrate, Jagdishpur, District- Bhojpur at Ara. 5.

The Anchaladhikari, Shahpur, District- Bhojpur at Ara. 6.

The S.H.O., Shahpur, P.S. at Shahpur, District- Bhojpur at Ara. 7.

Baliram Tiwari, S/o Late Raghubir Tiwari, R/o Village- Shahpur, P.S.- Shahpur, District- Bhojpur at Ara.

8.

Gaya Singh S/o Late Jay Govind Singh, 9.

Laxman Singh 10.

Ram Chander Singh 11.

Hareram Singh, 12.

Sri Bhagwan Singh All Sons of Late Gaya Singh, All R/o Village- Shahpur, P.S.- Shahpur, District- Bhojpur at Ara.

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

For the Petitioner/s :

Mr. Chandan Kumar Verma, Advocates For the OP No. 7 : Mr. Rash Bihari Thakur, Advocate For the OP No. 10 : Mr. Dhanendra Chaubey, Advocate For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-07-2019 Heard learned counsel for the petitioner; learned APP for the State; learned counsel for the opposite party no. 7 and learned counsel for the opposite party no. 10.

Patna High Court CR. REV. No.20 of 2018 dt.02-07-2019 2/3

2. The petitioner has moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973 for the following relief:

"That the present Revision is directed to set side the order dated 24.8.2017 by the Executive Magistrate, Jagdishpur, Bhojpur at Ara in Case No. 70 of 2000/Tr. No.26/2013 under section 145 Cr.P.C. decided on the basis of compromise only to the extent of 0.03 decimal land and directed the officer in-charge of concerned police station and Anchaladhikari for necessary action which is totally illegal and without jurisdiction."

3. After hearing the parties, it appears that the dispute was with regard to 3 decimals of land. However, learned counsel for the petitioner submitted that the total land was 12 decimals in which he also had share on the ground that it belonged to his ancestor as per the Khatiyan. He further submitted that subsequently also, there has been compromise between the parties.

4. Having regard to the fact that the dispute in the present case relates to 3 decimals of land, which has been granted to the opposite party no. 7 and that land is not in dispute between the parties any more, the Court does not find any occasion to interfere in the order impugned.

5. Accordingly, the application stands disposed off.

6. However, it shall be open to the parties to act in accordance with any compromise, which may have been arrived

Patna High Court CR. REV. No.20 of 2018 dt.02-07-2019 3/3 between the parties, in accordance with law, and if required before the appropriate forum.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T