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2023 Supreme(Pat) 788

JITENDRA KUMAR
Yugal Kishore Choudhary – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Gajendra Kumar Singh.
For the Opp. Parties : Mr. Tarkeshwar Nath Thakur, APP.

Jitendra Kumar, J. – The present petition, under Section 482 Cr. P.C., has been preferred by the petitioner impugning the order dated 17.06.2016, passed by Ld. Additional District and Sessions Judge, Rosera, Samastipur in Criminal Revision No. 263 of 2013 arising out of Criminal Proceeding bearing M.R. No. 316 of 2012, pending in the Court of Ld. Sub-divisional Magistrate, Rosera.

2. Relevant facts, as emerging from the record, is that the petitioner Yugal Kishore Choudhary is Sevait of Sri 108 Sri Ram Janki Jee Thakurbari, situated at Village Kalyanpur, Police Station-Bibhutipur, District-Samastipur. The land in dispute bearing Old Plot No. 227, Khesra No. 3210 and 3211(New Khesra No. 5553) measuring 1 katha 1.3/4 dhurs belongs to Sri 108 Sri Ram Janki Jee Thakurbari. However, respondent nos. 2 and 3, namely, Shambhu Kumar Jha and Mahesh Kumar Jha are claiming to be the owner of the property in question on the basis of sale deed executed by Indresh Kumar Jha and are disturbing the peaceful possession of the petitioner. Hence, the matter was reported by the petitioner to the police and the police, after inquiry, sent a report to the Ld. Sub-Divisional Magistrate, Rosera, Samastipur

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