Back
RAJIV ROY
Munshi Prasad, Son of Late Satya Narayan Mahto – Appellant
Versus
State of Bihar through District Magistrate, Saran at Chapra. Bihar – Respondent
ORDER :
Heard learned counsel for the petitioner and the learned APP for the State.
2. The present petition has been preferred for setting aside the order dated 02.12.2022 passed by the learned Additional Sessions Judge, VIIIth, Saran at Chapra in Cr. Revision No.105 of 2022 by the opposite party no.2, by which the order dated 30.03.2022 passed by the learned Sub-Divisional Magistrate, Sadar, Saran at Chapra in Case No.996 of 2021 under Section 133 of the Cr.P.C. was interfered with.
3. The facts of the case is/are as follows:
(ii) the petitioner had earlier tried to get permanent injunction for the aforesaid passage in Title suit no.110/2018 before the learned court of Munsif-IV, Saran at Chapraand had preferred application for grant of temporary injunction in the said Title suit but the same was rej
The main legal point established in the judgment is the necessity of a formal conditional order before initiating proceedings under Section 133 of Cr.P.C. and the requirement for immediate measures t....
The main legal point established in the judgment is the strict interpretation and application of Section 133 of the Code of Criminal Procedure, emphasizing the need for eminent danger to the property....
The main legal point established in the judgment is the requirement for reliable evidence in support of denial of public right and the burden of rebutting factual recitals.
The High Court can exercise inherent powers under Section 482 of the Criminal Procedure Code to rectify jurisdictional errors, even when a second revision is barred under Section 397(3).
The supervisory jurisdiction of the High Court under Article 227 does not allow it to act as an appellate court; it corrects errors only when a grave injustice occurs due to procedural violations.
The main legal point established in the judgment is that a party cannot deny an encroachment after conceding the obstruction and seeking time for its removal.
Section 133 CrPC inapplicable to create passage on government playground absent proof of public way and hearing to owner; violates natural justice; civil suit appropriate remedy for passage rights.
The Magistrate must follow the mandatory procedure under Section 133 of the Code of Criminal Procedure, which requires the Magistrate to first question the person against whom the order is made wheth....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
