Jitendra Kumar, J. – The present petition under section 482 Cr.P.C. has been preferred by the petitioners impugning the order dated 02.04.2014 passed by the Ld. Additional Sessions Judge-III, Muzaffarpur in Criminal Revision No. 124 of 2012 wherein order dated 03.04.2012 passed by Ld. Executive Magistrate in criminal proceeding No. 1389 of 2005 (Tr. No. 115 of 2012) under Section 147 Cr.P.C. has been upheld.

2. Relevant facts, as emerging from the record, is that respondent no.2 herein Rajendra Mahto filed one application before Ld. Sub-Divisional Magistrate, Muzaffarpur West against all the petitioners herein for initiation of proceeding under Section 147 Cr.P.C. and remove obstruction on road. It was averred in the petition that Respondent no.2 Rajendra Mahto has a house in Khesra No. 1591 (New Khesra No.1594) and to the west of his house, house of all the petitioners herein is situated and to the east of the house of the petitioners, the petitioners have sahan land and on this sahan land there is private rasta (way) measuring 10 feet wide x 43 feet long for about 50 years and this rasta is used by the Respondent no.2 to approach the main road for about 35 years. However, the peti