Chakradhari Sharan Singh, J.(Oral)

Heard learned Counsel for the parties concerned.

2. By the order, which is impugned in the present criminal revision application, learned Additional Sessions Judge I, Munger, has held that in exercise of power under Section 147 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the Sub Divisional Magistrate/Executive Magistrate, Tarapur, Munger, did not have power to decide dispute over right of easement, which can only be decided by a civil court. This is precisely the question involved in the present application raised by the petitioner, in whose favour, the Sub Divisional Magistrate, Tarapur, Munger, had earlier passed an order upholding his right of easement over the disputed land.

3. The facts of the case, briefly said, are thus:

(i) The petitioner had filed an application under Section 107 of the Code in the Court of learned Sub Divisional Magistrate, Tarapur, Munger, for restraining Opposite Party No. 2 from taking any unlawful step in respect of obstruction created by him in connection with the disputed land described as khata no. 125, khesra no. 397, area 4 decimals, which, accordingly to the petitioner