IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28172 of 2006 BRAHAMDEO PRASAD @ RAMDEO PRASAD, Son of Late Umesh Prasad, resident of Village-Fatehpur, P.S. Sahkund Hat Sajour, District- Bhagalpur......................................Petitioner. Versus 1. The State of Bihar. 2. The S.D.M., Sadar, Bhagalpur. 3. The Officer-in-charge, Shahkund Police Station-Bhagalpur. 4. The Anchal Adhikari, Shahkund. 5. The D.C.L.R., Sadar, Bhagalpur. 6. Deoki Nandan Prasad, S/O Satish Prasad of Village- Fatehpur, P.S. Sahkund Hat Sajour, District- Bhagalpur...Opposite Parties. --------- For the petitioner: Mr. Krishna Mohan, Advocate. For the State : Mr.Jharkhandi Upadhaya, A.P.P. For the O.P.No. 6: Mr. M.K. Jha, Advocate. ----------- O R D E R The second party to a proceeding under Section 133 Cr. P. C., being Misc. Case No. 790 of 1987/ 93 of 1998, has prayed for quashing of an order dated 25.5.2001 passed therein by the learned Sub-Divisional Magistrate, Sadar, Bhagalpur, whereby vide orders under Section 147(3) Cr. P.C. the petitioner and others have been directed to remove the “alleged” obstructions from the village road within 15 days from the date of order. A further prayer has been made for setting aside the order dated 7.5.2004 passed by the learned Sessions Judge, Bhagalpur, whereby Cr. Revision No. 413 of 2001 preferred against order dated 25.5.2001 has been dismissed. It appears that the petitioner filed a writ petition before this Court, being Cr. W.J.C. No. 195 of 2004 which was, on a request being made, converted into an application under Section 482 Cr. P.C. on 20.6.2006. I have perused the records of the Court below, which were - 2 - called for. It appears therefrom that the petitioner had appeared and had adduced his evidence in the proceeding under Section 133 Cr. P.C. which was converted into a proceeding under Section 147 Cr. P.C. on 8.1.1999 in the absence of the petitioner. From the order dated 1.8.2000 it appears that both the parties had appeared. As such the plea of the petitioner that he had no knowledge of transfer of the case and contesting the matter under Section 147 Cr. P.C. is not tenable in law and facts. It is apparent that the petitioner’s plea of having no knowledge is not correct and it was absolutely of his own choice that he chose not to contest the proceeding. That apart the matter is of the year 1987 and the final order was passed way back on 25.5.2001. In the circumstances discussed above I find no apparent illegality in the impugned order. Accordingly, there being no merit in this application, the same is dismissed. (Abhijit Sinha,J) Patna High Court, Patna. Dated: the 20th August,2009. U.K./A.F.R.