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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
| 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
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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