IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14963 of 2008 1. Ram Sundar Bhagat. 2. Krishnadeo Bhagat. Both sons of Late Mahadeo Bhagat, resident of Village- Lalpura, Anchal and P.S. Saraiya, District-Muzaffarpur............Petitioners. Versus 1. The State of Bihar. 2. Jai Mandal Bhagat, Son of Late Jugeshwar Bhagat. 3. Ramesh Bhagat. 4. Upendra Bhagat. Both sons of Jaimangal Bhagat. 5. Suresh Bhagat. All residents of Village- Lalpura, Anchal and P.S.Saraiya, District- Muzaffarpur........................2nd party/Opp. Party/Opp. Party. ----------- 2. 14.05.2010. Heard learned counsel for the petitioners and counsel appearing for the State. The present application is directed against the order dated 08.09.2006 whereby the Executive Magistrate(West) Muzaffarpur in case no. M-672 of 2000(Tr. No. 270 of 2006) has refused to pass any order under Section 147 Cr.P.C. and closed the proceeding. The petitioner has also challenged the revisional order dated 22.01.2008 passed in Cr. Rev. No. 228 of 2006 whereby the learned Additional Sessions Judge, F.T.C.4, Muzaffarpur has confirmed the order passed by the Executive Magistrate(West) Muzaffarpur. I see no merit to interfere with the impugned orders. However, the petitioners are at liberty 2 to file an appropriate suit for claiming the right of easement. The claim of the petitioners, I think can be decided in a suit and not in a summary proceeding like the present one. With this observation, this application is disposed off. U.K. (Dinesh Kumar Singh,j)