PATNA, India, April 13 -- Patna High Court issued the following judgment on March 11:

1. The instant criminal revision has been filed against the order dated 25.06.2023 passed by learned Subdivisional Magistrate, Patna Sadar, Patna under Section 147 of the Code of Criminal Procedure in Misc. Case No. 1084(M) of 2022, whereby and whereunder the learned Sub-divisional Magistrate, Patna Sadar, Patna has recalled/reviewed the final order dated 19.04.2023 passed in miscellaneous proceeding bearing Misc. Case No. 1082(M) of 2022. Further, by way of interlocutory application the petitioner added the following prayer in his revision petition:-

"(i) For taking appropriate legal action against Opposite Party No. 7 for making false statement on Oath/Affidavit in Para No. 8 of the Counter Affidavit filed by Opposite Party No. 7 in the present Revision Application bearing Criminal Revision No. 676 of 2023.

(ii) For setting up an appropriate enquiry with regard to making a false statement on Oath/Affidavit in Para No. 8 of the Counter Affidavit filed by the Opposite Party No. 7 in the present Revision Application bearing Criminal Revision No. 676 of 2023 and further recommend for appropriate proceeding as per law for filing false statement on Oath/Affidavit before this Hon'ble High Court in Criminal Revision No. 676 of 2023."

2. Briefly stated, the facts of the case are that one writ petition bearing C.W.J.C. No. 224 of 2022 was filed by Opposite Party No. 7 for issuance of an appropriate Writ directing the Respondent Nos. 2 & 3 (here Opposite Party Nos. 2 & 3) to depute a Magistrate along with adequate Police Force including S.H.O., Jakkanpur Police Station (Opposite Party No.65) and Circle Officer, Patna Sadar (Opposite Party No. 5) to maintain law and order in construction of wall on his own land measuring one katha, one dhur and four dhurki (40 Feet x 36 Feet) Total 1440 Sq. Ft. in Circle No. 260, Khata No. 11, Tauzi No. 247, Plot No. 122, 123 situated at Mohalla New Purandarpur, P.S. - Jakkanpur, patna in the light of measurement report submitted by Anchal Amin in Measurement Case No. 34/2007-08. It appears that without issuing notice to the present petitioner an interim order dated 28.06.2022 was passed in C.W.J.C. No. 224 of 2022 directing for removal of the Khatal from the raiyati land of the petitioner and further vide order dated 04.07.2022 passed in C.W.J.C. No. 224 of 2022, the District Magistrate was directed to visit the site personally and to ensure that encroachment made by the private parties is removed forthwith and further direction was given to register criminal case against the encroacher who violated the orders of this Court. In this manner, the private Khatal of the petitioner was removed from ancestral property.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/NyM2NzYjMjAyMyMxI04=-yVxGPSd62zA=)

Disclaimer: Curated by HT Syndication.