Patna High Court
Rajesh KumarversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petition is disposed with liberty to the petitioner to take steps for redressal of the grievance.
Summary
The petitioner, Rajesh Kumar, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash two orders: one dated 11 January 2017 by the Additional Session Judge rejecting a revision petition, and another dated 2 April 2016 by the Sub‑Divisional Magistrate that removed a structure on disputed land under Section 147 CrPC. The petitioner argued that the orders were erroneous and requested liberty to pursue redress in accordance with law. The State did not oppose the petitioner's prayer. The High Court, after hearing counsel, disposed of the petition, granting the petitioner liberty to take steps for redressal as prayed for.
Issues considered
- Whether the order dated 11.01.2017 passed by the Additional Session Judge rejecting the revision petition can be quashed under Section 482 CrPC.
- Whether the order dated 02.04.2016 passed by the Sub‑Divisional Magistrate removing the structure can be quashed under Section 482 CrPC.
- Whether the petitioner should be granted liberty to seek redressal of the grievance in accordance with law.
Legislation cited
- Criminal Procedure Code — s. 147, 482
Subjects
- quash order
- Section 482 CrPC
- Section 147 CrPC
- revision petition
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32456 of 2017
======================================================
Rajesh Kumar Son of Late Shiv Kumar Chaudhary, Resident of Village-
Rasidpur, P.S.- Bachhawara, District- Begusarai.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Sub-Divisional Magistrate, Teghra, Dist.- Begusarai.
3. Chandrashekhar Rai, Son of Ramchandra Rai, Resident of Village- Rasidpur,
P.S.- Bachhawara, District- Begusarai.
4. Bipin Kumar, Son of Khiyali Chaudhary, resident of Village- Rasidpur, P.S.-
Bachhawara, District- Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
5 11-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order dated 11.01.2017 passed by
the learned Additional Session Judge 7th, Begusarai in Cr.
Revision No. 173 of 2016 by which the said revision petition
was rejected and also for quashing the order dated 02.04.2016
passed by the learned Sub-divisional Magistrate, Teghra in Case
No. 77 (M) of 2016 by which order was passed to remove the
structure made upon the disputed land in favour of O.P. Nos. 3
and 4 allowing the application under Section 147 Cr.P.C.
3. Learned counsel for the petitioner submits that this
Patna High Court CR. MISC. No.32456 of 2017(5) dt.11-05-2026
2/2
case may be disposed of with liberty to the petitioner to take
steps for redressal of grievance in accordance with law.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
5. Accordingly, the present case is disposed of with
liberty to the petitioner, as prayed for.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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