QAZI AKHTAR Vs. BAHORI

JUDGEMENT

(1.) HEARD .

(2.) IT is submitted by Shri Agrawal that proceedings under section 145 of the CrPG were initiated by one Atahar Hussain whereas the learned II Add. Sessions Judge Shahdol has disposed of and decided Cr.R. No. 3/99 on 26th of June 2000, wherein the order dated 24th of December 98 passed by S.D.M. Sohagpur in Cr. Case No. 356/86 was in challenge, against this petitioner, who has nothing to do with the land in dispute. It is submitted by Shri Agrawal that in the aforesaid circumstances, the order dated 26th of June 2001, be quahsed so far as this petitioner is concerned. Shri Agrawal does not challenge the impugned order on merits.

(3.) THIS petitioner did not raise any objection in the Court of II A.S.J. Shahdol, about his identity nor did he point out that Qazi Atahar Hussain is a different person from this petitioner. It means Aktar and Atahar, are the names of one person as this petitioner led the Court to believe this fact by not challenging the aforesaid typing mistake. Now, taking advantage of aforesaid typing mistake, this petitioner has challenged the impugned order, in the name of Qazi Aktar Hussain.