JUDGMENT

Navin Sinha, J. — Heard learned Counsel for the petitioner, learned

Counsel for the State as also learned Counsel appearing on behalf of opposite party No. 1.

The present application arises out of a proceeding initiated under section 147 of the Cr.P.C. on a petition preferred by the opposite party No. 2. By order dated 16.1.2003 the Executive Magistrate, Chapra after hearing the parties directed the present petitioner not to interfere with the user of the land in question as a passage by opposite party No. 1 recording his satisfaction that the same was being so used by opposite party No. 1 for the previous move than approximately 35 years. A revision having been preferred against the same by the petitioner, Cr. Rev. No. 66/2003, before the IVth Additional Sessions Judge, Saran, came to be dismissed on 29.5.2003 affirming the finding of the Executive Magistrate holding that the failure of the Magistrate to record such user within the three months next from the date of report of the police officer was not fatal to the initiation of proceedings.

2.Learned Counsel for the petitioner has raised a very short question of law in support of that proviso to section 147(3) of Cr.P