IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36578 of 2007 SUBODH KUMAR Versus STATE OF BIHAR & ANR ----------- 5. 12.5.2008. This application under Section 482 Cr.P.C. has been filed to quash the order dated 18.6.2007 passed by Sub Divisional Magistrate, Dalsinghsarai in M. R. No. 568 of 2007 thereby proceeding under Section 147 Cr.P.C. has been initiated and notice in consequence thereof has been issued against this petitioner. Heard learned counsel for the petitioner. No one appeared on behalf of opposite party no. 2 in spite of valid service of notice. The submission of learned counsel for the petitioner is that initiation of proceeding under Section 147 Cr.P.C. is out and out misuse of the provision. The application filed by opposite party no. 2 for initiation of the proceeding does not disclose any existence of right of user over any portion of opposite party’s land. He has also not claimed any easementary right over any portion of land. No detail of the land has been given either in the petition for initiation of proceeding (annexure-3) or in the notice issued against this petitioner (annexure-5). It is, further, submitted that on the basis of - 2 - allegation contained in the petition, learned Magistrate had no jurisdiction to initiate proceedings under Section 147 Cr.P.C. Considered the submission of learned counsel for the petitioner and perused the allegation contained in Annexure-3 and also the notice (annexure-5). It appears from the allegation that the opposite party no. 2 has not claimed any right of easement over any portion of disputed land, nor any detail of the land has been given. Similarly, in notice (annexure-5) no detail of right as claimed by the opposite party no.2 or the land has been given. Section 147 Cr.P.C. gives jurisdiction to the magistrate to initiate proceeding only when dispute is likely to cause a breach of peace regarding any alleged right of user of any land or water, whether such right be claimed as an easement or otherwise. In the present case, the petitioner has not claimed any right of user either by way of easement or otherwise. The only grievance is that the petitioner of this application wants to construct house adjacent to the house of opposite party no. 2 without leaving sufficient land for ventilation etc. It does not come within the scope of proceeding under Section 147 Cr.P.C. Thus, having regard to the facts and circumstances - 3 - of this case as well as the nature of the allegation, it is quite apparent that initiation of the proceeding under Section 147 Cr.P.C. is not legal and justified. The learned Magistrate had no jurisdiction to initiate proceeding under Section 147 Cr.P.C. on the basis of the allegation contained in the petition filed by opposite party no. 2. Accordingly, this application is allowed. Impugned order dated 18.6.2007 passed by Sub Divisional Magistrate, Dalsinghsarai in M. R. No. 568 of 2007 regarding initiation of proceeding under Section 147 Cr.P.C. is, hereby, quashed. kanchan (Ghanshyam Prasad, J.)