NARENDRA NATH TIWARI, J. - (1.) HEARD .
(2.) THE petitioner has prayed for quashing the order dated 7.12.2005 passed by learned Executive Magistrate, Chaibasa in M. Case No. 10 of 1988 and order dated 23.5.2007 passed by learned 2nd Additional District and Sessions Judge, Chaibasa in Cr. Revision No. 09/2006. The said impugned order has been passed in the case arising out of a proceeding under Section 147 Cr.P.C. The said proceeding was initiated on the application of the petitioner. It was claimed that the residents of the locality along with the petitioner had been using portion of Plot No. 554 appertaining to Khata No. 92 of Chaibasa Municipality as approach to road, which is on Plot No. 549 and 553, for more than thirty years. A few years back southern portion of plot No. 554 was purchased by Hira Lal Tiu, Advocate. After purchasing the plot he erected wall over the land, leaving 2 ft. wide space for the use of residents of the locality. The residents of the locality were using the same as approach road. The northern portion of Plot No. 554 was purchased by one Dhananjay Tubid recently. He built his house over the plot leaving 2ft. wide space for the road. Thus, there is 4ft., wide space left for the use of the inhabitants of the locality to use as approach road. In the month of September, 1988, after rainy season, the petitioner and others went to clear the bushes and grasses grown on the road. The opposite party No. 2 remonstrated them saying that the land belonged to them and started abusing the petitioner. The petitioner and other residents have no other approach road and the said portion is being used by them for more than thirty years.
(3.) ON that complain of putting impediment by the opposite parties a proceeding under Section 147 Cr.P.C. was initiated by parties. Report was called for from the Police Station. Parties appeared and filed their written statement. Enquiry was made and both the parties adduced evidences.;