Mahanth Bharat Das vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 208

JITENDRA KUMAR
Mahanth Bharat Das – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioner: Mr. Madhurendra Kumar.
For the Opp. Parties : Mr. Upendra Kumar, APP.

ORDER

The present petition under Section 482 Cr. PC has been preferred by the petitioner against the impugned order dated 27.04.2016 passed by Ld. Additional Sessions Judge-II, Motihari, East Champaran in Criminal Revision no. 72 of 2013 (87 of 2015) whereby Ld. Revisional Court has set aside the order dated 01.03.2013 passed by Ld. Sub-Divisional Magistrate, Sikarahana (Dhaka) in case No. 138(M) of 2013 whereby Ld. Sub-Divisional Magistrate had initiated proceeding under Section 145 Cr. PC in regard to the landed property bearing Khata No. 134, Khesara No. 540 measuring area 08 Kattha situated in the village Lahan, Dhaka, Police Station Dhaka, directing both the parties to appear in his Court and submit their written statements and adduce evidence. By this order, Ld. Sub-Divisional Magistrate also directed the second party, Kadir, who is O.P. No. 2 herein to file show-cause.

2. It transpires that police station Dhaka had reported to Ld. Sub-Divisional Magistrate that there is tension between both the parties i.e., Mahanth Bharat Das and Kadir and there is apprehension of breach of peace. Officer in-charge of the Police Station therefore recommended initiation of proceeding under Sec

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