IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52865 of 2007 1. LALLITA DEVI, W/o Rajeshwar Prasad Verma. 2. Rakesh Kumar Verma, S/o Rajeshwar Prasad Verma. 3. Ved Prakash Sinha, S/o Late Laxmi Prasad Sinha. All resident of Mohalla-Khata Jangi, P.S.-Town Hajipur, Distt.-Vaishali. …………Petitioners. Versus 1. THE STATE OF BIHAR. 2. Om Prakash Sinha, S/o Late Laxmi Prasad Sinha, resident of Mohalla- Khata Jangi (Sanchi Patti) P.S.-Town Hajipur, District-Vaishali. …….Opposite Parties. ----------- For the Petitioners : Mr. Keshav Shrivastava, Sr. Adv. : Mr. Bhubneshwar Prasad, Adv. For the Opposite Parties : Mr. Suraj Narain Yadav, Adv. : Mr. Binod Kumar Sinha, Adv. : Mr. Nikhlesh Kr. Sinha, Adv. -------------- 03. 23.04.2010 The petitioners herein are aggrieved by the revisional order dated 20.08.2007 passed in Cr. Rev. No. 159 of 2003 by Additional Sessions Judge-III, Vaishali by which he has set aside the order dated 21.03.2003 passed in MI Case No. 1165 of 2001 passed by Executive Magistrate, Vaishali by which he had declared a 10 feet wide passage as a common ‘rasta’ in a proceeding under Section 147 Cr.P.C. However, I find that the original order was passed on 21.03.2003 and the revisional order on 20.08.2007 in a proceeding initiated under Sections 144 and 147 of Cr.P.C. which are emergent 2 proceedings and today the parties are not in a position to satisfy the court that any emergency is still existing. In view of such, I am not inclined to consider the merits of the case and on this score alone this application is dismissed. Vikash/- (Anjana Prakash, J.)