In an application under Section 482 CrPC challenging an order dismissing revision against a magistrate's direction to remove a hut, the Patna High Court found no abuse of process and dismissed the application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Patna High Court Cr.Misc. No.22589 of 2014 (3) dt.20-06-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22589 of 2014
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sheela Sharma, Advocate. For the Opposite Party/s : Mr. Manoj Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 20-06-2016 Heard learned counsel for the petitioners and learned counsel for the Opposite Parties.
This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 10.04.2014 passed in Criminal Revision No. 157 of 2013 whereby the Additional Session Judge-XIV, Patna, dismissed the aforesaid criminal revision preferred by members of the second party/petitioners affirming the order dated 21.12.2012 passed in Case No. 231 (M) of 2008, under Section 147 of the Criminal Procedure Code, by the Executive Magistrate, Danapur, directing
Patna High Court Cr.Misc. No.22589 of 2014 (3) dt.20-06-2016
the members of the second party/petitioners to remove the hut within 15 days from the date of the order situated over the land in dispute connecting the house of first party/opposite party no. 2 to the road.
the road.
On going through the impugned order, I find no illegality therein amounting to abuse of the process of the court for interference with the same. Accordingly, this application stands dismissed.
(Rajendra Kumar Mishra, J)
Bhardwaj/-
U
1 issue framed by the court
Whether the impugned order dated 10.04.2014 directing removal of a hut is unsustainable under Section 482 of CrPC.
1 provisions across 1 enactments
Nagendra Sao and others
The State of Bihar
Savila Devi and others
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
