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IN THE HIGH COURT OF JUDICATURE AT PATNA
ARUN KUMAR JHA
Chandradeo Paswan S/O Late Rameshwar Paswan – Appellant
Versus
State Of Bihar through The District Magistrate, Patna. Bihar – Respondent
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
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.....
The invocation of Section 144 requires clear evidence of an emergency; it cannot be used to interfere with ongoing civil disputes without sufficient justification.
Courts must focus on possession and breach of peace under Section 145 Cr.P.C., and not decide title or right of possession. Proceedings under Section 145/146 Cr.P.C. must end if Civil Court is seized....
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