- (1.) IN this writ application, petitioner has prayed for issuance of a writ for quashing the order dated 13. 6. 2006 passed by the 2nd Additional Sessions Judge, hazaribagh in Cr. Revision No. 6 of 2006, whereby revision preferred by the petitioner was dismissed against the order dated 1. 8. 2005 passed by the Sub-Divisional magistrate, Sadar, Hazaribagh in Misc. Case No. 42 of 2000 whereby proceeding initiated under Section 147 of the Cr. P. C. was dismissed.
(2.) PETITIONER has raised following questions of law: 1. Whether the order passed by the Sub-Divisional Magistrate dropping the proceeding under Section 147 of the cr. P. C. in spite of the evidences on record indicating the dispute between the parties over the right of user of the land, is illegal and without proper appreciation of the provisions of Section 147 of the Cr. P. C? 2. Whether the impugned orders passed by both the Courts below are vitiated in law due to error of record?
(3.) FACTS of the case in brief are that a dispute causing apprehension of breach of peace arose between the petitioner and the respondent No. 3 over a piece of land, situated in between the respective houses. A proceeding under Section 144 of the Cr. P. C. was therefore initiated against them vide misc. Case No. 42 of 2000. On perusing the show-cause reply submitted by the parties and on finding that the dispute between them is in respect of right of user of disputed land, the proceeding was converted into a proceeding under Section 147 of the cr. P. C. by the Sub-Divisional Magistrate vide his order dated 5. 5. 2000 and both parties were directed to file their respective written statements and evidences.;