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Patna High Court

Rajesh KumarversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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

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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