Md. Jabbar vs The State Of Bihar & Ors on 23 September, 2011

                IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.5654 of 2010
                                         Md. Jabbar
                                            Versus
                                The State Of Bihar & Ors
                                          -----------

For the petitioner : Mr. K.N. Diwakar, Advocate
For the State : Mr. Hirday Prasad Singh, Advocate.

———–

5 23.09.2011 In spite of having appearance of O.P., none is

representing O.P. No.4 to 8. Learned Additional P.P. is

present.

Heard learned counsel for the petitioner who has

challenged the order dated 15.12.2009 passed by S.D.M.

(West), Muzaffarpur in connection with Misc. Case No.

2799/09 by which a proceeding under Section 147 of the

Cr.P.C. has been initiated.

Gone through the order. The order appears to be

suffering from vagueness on account of the fact that it

neither contains the details along with area over which the

right of way has been claimed by the O.P. No.4 to 8 /

petitioner. Not only this the order also did not justify the

prime ingredient prescribed under the first para of the

Section. Thus, the order impugned is set aside.

Consequent thereupon petition is allowed.

      PN                                  (Aditya Kumar Trivedi, J.)