Petitioner challenged the affirmation of the dismissal of a Section 145 Cr.P.C. proceeding regarding a public/private road dispute. The Court held that such proceedings determine possession, not title rights, and declined to interfere with the impugned orders.
Application disposed of; impugned orders dismissed; no interference granted.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6976 of 2014
====================================================== 1. Dukhan Singh Son Of Late Dulari Sharan Singh Resident Of MohallaSheikhpura At "Prem Bhawan" P.S.-L.B. Shastri Nagar, District-Patna.
.... .... Petitioner/s Versus 1. The State Of Bihar 2. The Assistant Engineer, Patna Electricity Supply Undertaking (P.E.S.U.) New Secretariate, Shastri Nagar, Division, District-Patna 3. Binod Singh Null
.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
The petitioner claims Plot No. 1361 of Khata No. 209 situated at Mauza Hamidpur, Dostpur now known as Mohalla Sheikhpura as his ancestral land. The part of the land was sold to a different person and a ten feet wide road north to south about 150 feet in length was left for outgress and ingressof the purchaser of the land. The petitioner claims the said road as private one. In the background of aforesaid facts, a proceeding under Section 145 Cr.P.C. was
Patna High Court Cr.Misc. No.6976 of 2014 (2) dt.04-04-2014
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initiated.
It appears from the impugned order that police report and spot verification report suggested that it was a public road which was claimed by the petitioner as private road. Considering both the reports, learned S.D.M., Patna Sadar dropped Section 145 Cr.P.C. proceeding. The said order of the learned S.D.M., Patna Sadar was challenged in Cr. Revision No. 422 of 2013, learned Sessions Judge, Patna affirmed the order of learned S.D.M., Patna Sadar.
In a proceeding under 145 Cr.P.C. the right of the petitioner can not be decided. It is trite law that in a proceeding under Section 145 Cr.P.C. the Executive Magistrate has to decide the possession of the parties two months prior to police report or the information received by the Magistrate and none can claim any right on the basis of observation made in a proceeding under Section 145 Cr.P.C.
In view of the above discussion, this Court is not inclined to interfere with the impugned orders.
Accordingly the application is disposed off.
(Dinesh Kumar Singh, J)
Shageer/-
3 issues framed by the court
Whether the High Court should interfere with the Sessions Judge's order affirming the dismissal of section 145 Cr.P.C. proceeding regarding a public/private road.
Whether a proceeding under Section 145 Cr.P.C. can decide the title or permanent right of ownership of the petitioner.
Whether the impugned orders dropped under Section 145 Cr.P.C. should be quashed on the claim of ancestral right.
2 provisions across 1 enactments
Dukhan Singh
The State Of Bihar
The Assistant Engineer, Patna Electricity Supply Undertaking
Binod Singh
Upendra Singh
Ramjee Singh
Dinesh Kumar Singh
As recorded by the court registry
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