IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.19779 of 2005 BIMAL KUMAR MANDAL son of late Sukhdev Mandal resident of village Rahikapur Ladba, P.S. Simraha, Dist. Araria. . . . . . . Petitioner. Versus 1. STATE OF BIHAR 2. Mana Devi wife of Sri Ram Pukar Singh, resident of Jhanjharpur, P.S. Jhanjharpur, Dist. Madhubani. . . . . Opp. Parties. For the Petitioner : M/s. Ajay Kumar Thakur, Amit Kumar, Ravi Ranjan-I, Advocates. For the State : Smt. Indu Bala Pandey, A.P.P. ----------- 8/ 22.01.2010 Heard learned counsel for the petitioner and the State. In the instant application, the petitioner prays for setting aside the order dated 26.02.2005 passed by the Sessions Judge, Madhubani in Cr. Revision No. 78 of 2004, affirming order dated 05.08.2003 passed by Judicial Magistrate, 1st Class, Jhanjharpur in C.R. No. 381 of 2000. Learned counsel for the petitioner states that pursuant to direction of the Sub-Divisional Officer, Jhanjharpur, demarcation was made and encroachment was removed from the Government land, as such the petitioner has not committed any penal offence. I find force in the submission of the learned counsel for the petitioner. It would appear from the Complaint case itself that the petitioner with aid of police force came to remove obstacles, since these were encroachment on public land. In such circumstances, no prosecution can continue against him under alleged offences. In the result, the instant application succeeds, the - 2 - impugned order dated 26.02.2005 passed in Cr. Revision No. 78 of 2004 and order dated 05.08.2003 passed by Judicial Magistrate, 1st Class, Jhanjharpur in C.R. No. 381 of 2000 are set aside. Uday/ (Samarendra Pratap Singh, J.)