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2018 Supreme(Pat) 687

ASHWANI KUMAR SINGH
Ram Pravesh Singh, Son of Late Bishundeo Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner:Mr. Manish Kumar No.2, Advocate.
For the Opposite Party :Mr. Onkar Nath, Advocate.
For the State : Mr. Jharkhandi Upadhyay, A.P.P.

JUDGMENT :

This application under Section 482 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’) has been filed by the petitioner for quashing the order dated 25.02.2013 passed by the learned Sessions Judge, Munger in Cr. Revision No.07 of 2013 whereby the revision application filed against the order dated 07.11.2012 passed by the learned Sub-Divisional Magistrate, Lakhisarai in Miscellaneous Case No. 156M of 2012 by which the proceeding under Section 145 of the Cr.P.C. was initiated and notice was issued to the petitioner has been rejected.

2. Learned counsel for the petitioner submitted that the revisional court erred in law in dismissing the revision application. He submitted that the order initiating a proceeding under Section 145 of the Cr.P.C. was passed without there being any subjective satisfaction of the learned Magistrate regarding apprehension of breach of peace and, thus, the revisional court ought to have interfered with the impugned order dated 07.11.2012 passed by the learned Magistrate.

3. On the other hand, learned counsel appearing for the opposite party no.2 submitted that the disputed land was purchased by the opposite parties by way of registered sale-de












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