AMARESHWAR SAHAY, J. - (1.) Heard the learned Counsel for the petitioner. Nobody appears on behalf of O.P. No. 3.
(2.) IN this application the petitioner has challenged the order dated 28.9.2000, passed by the Chief Judicial Magistrate, Jamshedpur, taking cognizance of the offence under Section 188, IPC. The facts, in short, are that a proceeding under Section 147, Cr PC was initiated in between the parties, i.e. the petitioner and O.P. No. 3 Nilu Ekka at the instance of O.P. No. 3, who claimed right of passage over the disputed land on the ground that he was using the said land for more than 35 years and, thereby, acquired the right of users as well as the right of easement over. It was alleged by O.P. No. 3 that this petitioner by erecting a wall and fixing an Iron Gate over the disputed land blocked the passage used by the said O.P. No. 3 Nilu Ekka. The proceeding under Section 147, Cr PC was decided in favour of the O.P. No. 3 and against the petitioner by a final order dated 9.12.1999 by the Sub -Divisional Magistrate, Jamshedpur.
(3.) THE petitioner thereafter, challenged the final order passed by the Sub -Divisional Magistrate, Jamshedpur deciding the proceeding under Section 147, Cr PC against him by filing a Criminal Revision No. 352 of 1999(R) before this Court. This Court by order dated 5.1.2000, stayed the final order passed by the Sub -Divisional Magistrate, Jamshedpur. According to the petitioner, the said interim order of stay was served on the Sub -Divisional Magistrate through lawyer on 6.1.2000.;