LOPHINORIS SHANGPLING Vs. HAMBOY SHULLAI

JUDGEMENT

(1.) Learned Counsel for respondent no. 2 points out that the said respondent should not have been joined as party as he has only rendered the order. On this objection being raised learned Counsel for the petitioner conceded to it. We, therefore, order that respondent no. 2 be deleted from the array of the parties.

(2.) Leave granted.

(3.) First appellant is the mother-in-law of the first respondent. Proceedings have been initiated under Section 145 of the Criminal Procedure Code in respect of a property on which two houses are situated. First respondent claimed absolute right and possession in respect of one of the houses. He complained to the police that he was dispossessed therefrom by the persons led by his mother-in-law, the first appellant. It appears that there is a civil suit pending between the parties in respect of the disputed land. First respondent moved a petition before the High Court under Article 226 for initiating proceedings under Section 145 of the Code. An order was passed on 26.5.1998 pursuant to which an Executive Magistrate initiated proceedings. On the strength of the evidence collected by the Executive Magistrate, he dropped the proceedings on 9.7.1998.