RANCHI, India, Sept. 19 -- Jharkhand High Court issued the following order on Aug. 19:

1. Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash the order dated 20.02.2020 passed by the learned Additional Sessions Judge-IV, Dumka in Criminal Revision No.19 of 2015 and also the order dated 25.03.2015 passed by the learned Executive Magistrate, Dumka in T.R. No.01 of 2014.

3. The brief fact of the case is that a proceeding under Section 147 of the Code of Criminal Procedure was initiated by the Sub-Divisional Magistrate, Dumka and the same was transferred to the court of the Executive Magistrate, Dumka vide T.R. No.01 of 2014. Private opposite parties No.2 and 3 who were the first-party in the said proceeding under Section 147 of the Code of Criminal Procedure and the petitioners of this Criminal Miscellaneous Petition were the second-party.

4. It is the case of the members of the first-party that the first-party including the public have been using the disputed land as a road since 20-25 years prior to institution of the case; as the petitioners herein created obstruction over the said disputed road of 118 feet in length and 10 feet width by constructing three feet pillars, the said proceeding was instituted. A report was called for by the Executive Magistrate from the police. The Officer-in-charge of the Dumka (Town) Police Station submitted a report intimating therein that the disputed road has been used by the members of the first-party to the proceeding under Section 147 of the Code of Criminal Procedure for 20-25 years and the dispute between the parties to the proceeding under Section 147 of the Code of Criminal Procedure was likely to cause breach of peace. The Executive Magistrate considered the materials available in the record and came to the conclusion that the members of the second-party have created an obstruction by constructing three feet pillars over the said road and because of use of the said road for 20-25 years, the members of the first-party have a right of use or easement over the said road, hence, the Executive Magistrate directed the members of the secondparty to remove the obstruction over the road which was the subject matter of the said proceeding under Section 147 of the Code of Criminal Procedure, within a fortnight.

5. Being aggrieved by the said order dated 25.03.2015 passed by the Executive Magistrate, Dumka in T.R. No.01 of 2014, the petitioners herein filed Criminal Revision No.19 of 2015 in the court of learned Additional Sessions Judge-IV, Dumka which was ultimately heard and disposed of by the learned Additional Sessions Judge-IV, Dumka. The learned Additional Sessions Judge-IV, Dumka considered that the report submitted by the police goes to show that there is existence of the dispute and likelihood of breach of peace and that the people of the locality including the members of the first-party have been using the 10 feet wide and 118 feet long lane since 25-30 years continuously and by thus considering, the learned Additional Sessions Judge-IV, Dumka came to the conclusion that the Executive Magistrate, Dumka has rightly passed the order under Section 147 of the Code of Criminal Procedure by directing the revisionist to remove the (encroachment) within a period of fortnight. Hence, the same is in accordance with law and dismissed the revision.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=U%2BbhtlrLe2adAHN8Tz%2F1dzksnIoDZVHlFnNi4Ff2L3CfofwysiuhSkLDqAuW9CXF&caseno=Cr.M.P./1393/2020&cCode=1&cino=JHHC010119272020&state_code=7&appFlag=)

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