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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA, J.
Chandradeo Paswan S/O Late Rameshwar Paswan – Appellant
Versus
The State Of Bihar through The District Magistrate, Patna. Bihar - Respondent
CRIMINAL REVISION No.676 of 2023
Decided On : 11-03-2026
Code of Criminal Procedure, 1973 – Section 147 [BNSS, 2023 – Section 166] – Dispute concerning right of use of land or water – satisfaction of the Magistrate that the dispute between the parties was likely to cause a breach of peace – Learned Magistrate failed to record his satisfaction that the dispute was likely to cause a breach of peace – The impugned order not containing the grounds of learned SDM being satisfied about existence of a dispute likely to cause a breach of peace – Further, the learned SDM has also failed to record the grounds satisfying the proviso to Section 147(3) of the Code as while recording the satisfaction that there existed a dispute likely to cause a breach of peace, the learned SDM was also required to record that right of user has been exercised within a period of three months before the receipt under sub-section (1) of the report of the police officer or other information leading to institution of the enquiry as contemplated – Impugned order suffers from material irregularity and therefore, is not sustainable – Hence, impugned order stands set aside – Revision petition allowed. (Paras 16 to 19)
| Table of Content |
|---|
| 1. land dispute and encroachments initiate section 147 crpc proceedings. (Para 1 , 2 , 3 , 4) |
| 2. sdm lacks review power post-final order under section 362 crpc. (Para 5 , 6 , 9) |
| 3. superior court direction validates sdm recall and fresh order. (Para 7 , 8) |
| 4. no false affidavit; typographical errors do not vitiate order. (Para 10 , 11 , 12) |
| 5. notice scope includes site-reported disputes; recall per court order. (Para 13 , 14 , 15) |
| 6. magistrate must record breach of peace satisfaction and proviso compliance. (Para 16 , 17) |
| 7. impugned order set aside for procedural non-compliance. (Para 18 , 19 , 20) |
JUDGMENT :
The instant criminal revision has been filed against the order dated 25.06.2023 passed by learned Sub- divisional Magistrate, Patna Sadar, Patna under Section 147 of the Code of Criminal Procedure in Misc. Case No. 1084(M) of 2022, whereby and whereunder the learned Sub-divisional Magistrate, Patna Sadar, Patna has recalled/reviewed the final order dated 19.04.2023 passed in miscellaneous proceeding bearing Misc. Case No. 1082(M) of 2022. Further, by way of interlocutory application the petitioner added the following prayer in his revision petition:-
"(i) For taking appropriate legal action against Opposite Party No. 7 for making false statement on Oath/Affidavit in Para No. 8 of the Counter Affidavit filed by Opposite Party No. 7 in the present Revision Application bearing Criminal Revision No. 676 of 2023.
(ii) For setting up an appropriate enquiry with regard to making a false statement on Oath/Affidavit in Para No. 8 of the Counter Affidavit filed by the Opposite Party No. 7 in the present Revision Application bearing Criminal Revision No. 676 of 2023 and further recommend for appropriate proceeding as per law for filing false statement on Oath/Affidavit before this Hon'ble High Court in Criminal Revision No. 676 of 2023."
2. Briefly stated, the facts of the case are that one writ petition bearing C.W.J.C. No. 224 of 2022 was filed by Opposite Party No. 7 for issuance of an appropriate Writ directing the Respondent Nos. 2 & 3 (here Opposite Party Nos. 2 & 3) to depute a Magistrate along with adequate Police Force including S.H.O., Jakkanpur Police Station (Opposite Party No.65) and Circle Officer, Patna Sadar (Opposite Party No. 5) to maintain law and order in construction of wall on his own land measuring one katha, one dhur and four dhurki (40 Feet x 36 Feet) Total 1440 Sq. Ft. in Circle No. 260, Khata No. 11, Tauzi No. 247, Plot No. 122, 123 situated at Mohalla New Purandarpur, P.S. - Jakkanpur, patna in the light of measurement report submitted by Anchal Amin in Measurement Case No. 34/2007-08. It appears that without issuing notice to the present petitioner an interim order dated 28.06.2022 was passed in C.W.J.C. No. 224 of 2022 directing for removal of the Khatal from the raiyati land of the petitioner and further vide order dated 04.07.2022 passed in C.W.J.C. No. 224 of 2022, the District Magistrate was directed to visit the site personally and to ensure that encroachment made by the private parties is removed forthwith and further direction was given to register criminal case against the encroacher who violated the orders of this Court. In this manner, the private Khatal of the petitioner was removed from ancestral property. When the petitioner got the knowledge of the said order, he appeared suo motu in the writ petition on 11.07.2022 and filed a counter affidavit on 12.07.2022 and supplementary counter affidavit on 30.07.2022 stating all the facts. However, in the light of order dated 04.07.2022 passed in C.W.J.C. No. 224 of 2022, the District Magistrate, Patna along with Additional Collector (Revenue), Patna, Circle Officer, Patna Sadar, Patna, S.H.O., Jakkanpur Police Station, Revenue Karamchari, Anchal Amin, opposite party no. 7 and the petitioner made inspection of the plot in question on 07.07.2022 and prepared a joint inspection report with following findings:-
(i) Plot in question belongs to Ma
Under Section 147 CrPC, Magistrate must record satisfaction of breach of peace likelihood and three-month right exercise; failure invalidates order, irrespective of superior court directions for fres....
The main legal point established in the judgment is that the jurisdiction under Section 147 Cr.P.C. is intended to maintain public order and peace, and the orders passed by the Executive Magistrate a....
The main legal point established in the judgment is the importance of explaining inordinate delay in filing a revision petition and the sparing exercise of inherent power under Section 482 of the Cr.....
Section 145 CrPC proceedings quashed lacking imminent breach apprehension, delayed initiation post-police resolution, untested witness evidence sans cross-examination, and title adjudication; inheren....
The invocation of Section 144 requires clear evidence of an emergency; it cannot be used to interfere with ongoing civil disputes without sufficient justification.
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