IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8332 of 2010 SANJAY PRASAD S/O LATE CHANDRIKA SINGH, R/O VILLAGE NARHAR BIGHA, P.S. NALANDA, DISTRICT- NALANDA Versus 1. STATE OF BIHAR 2. RAMNANDAN SINGH S/O LATE DWARIKA SINGH R/O VILLAGE NARHAR BIGHA P.S. NALANDA DISTRICT- NALANDA ----------- 2. 01.12.2010 Heard the parties. The petitioner has sought quashing of the order dated 03.11.2009 passed by Ist Additional Sessions Judge, Nalanda at Bihar Sharif, by which Cr. Revision No. 81 of 2009 filed on behalf of the petitioner has been dismissed as well as he has sought quashing of the order dated 15.8.2010 passed by the Sub-Divisional Magistrate, Rajgir in Case No. 88 (MP) of 1998, by which the courts below have held that there is no justification for initiating a proceedings under Section 133 Cr.P.C. This case has a chequered history and the petitioner has repeatedly agitated that in fact land which is in possession of the opposite party no. 2 is public land is an encroachment and, therefore, there is nuisance on public land. Since the courts below have finally concluded that it is difficult to say that it is public land and even if it is public land and there is encroachment it is difficult to conclude as to whether it would make out a case of nuisance or not, I am not inclined to interfere in the matter. The application is dismissed. Fahad. ( Anjana Prakash, J. )