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PATNA HIGH COURT
Jitendra Kumar, J
Ram Padarath Singh – Appellant
Versus
The State Of Bihar – Respondent
| Table of Content |
|---|
| 1. factual background of property dispute (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments against jurisdiction of executive magistrate (Para 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 3. court's analysis of jurisdiction and application of law (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40) |
| 4. conclusion quashing the proceedings (Para 41) |
JUDGMENT
Date : 28-01-2025
The present petition, under Section 482 Cr.PC, has been preferred by the petitioners against the impugned order dated 16.05.2016, passed by learned Additional Sessions Judge- III, Nawada in Criminal Revision No. 44 of 2015 / 16 of 2016, whereby learned Sessions Court had dismissed the revision petition finding no illegality in the order dated 27.10.2014 passed by learned Sub-Divisional Magistrate, Rajauli, District- Nawada in proceeding bearing No. 1M of 2014, whereby learned Executive Magistrate has attached the subject landed property.
2. The factual background of this case is that the opposite party No.2 herein, Sarojani Devi, filed one petition bearing Proceeding No. 50M of 2013 before learned Sub Divisional Magistrate for initiating procee
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