PREM NARAYAN B TIWARI Vs. SITARAM R SONI

JUDGEMENT

(1.) THIS petition, under Section 482 of the Code of Criminal Procedure (for short 'the Code'), is directed against the order-dated 28-10-2002 passed by first Additional Judge to the Court of First Additional Sessions Judge, panna in Cri. Revision No. 38/2000, whereby the petitioner's revision against order dated 2-5-2000 passed by the Sub-Divisional Magistrate, panna in Cri. Case No. 16/sec. 145, Cr. P. C. /2000 was dismissed.

(2.) THE order in question was passed by the SDM in the proceedings initiated, under section 145 of the Code, upon the application moved by the petitioner on 19-1-2000. According to the petitioner, on 17-1-2000 at about 4 p. m. , the respondents had forcibly encroached upon Chabutra (a platform)and the room respectively situated in the southern and eastern portion of his house, bearing No. 60-C, situated in Katra mohalla, Panna. The Magistrate forwarded copy of the application to the SHO Kotwali for inquiry. In response, the police officer submitted a report indicated that the dispute between the parties could give rise to a breach of peace. The Magistrate, accordingly, passed a preliminary order, under section 145 (1) of the Code, directing the respondents to file written statements in support of their claim regarding the actual possession of the subject-matter of dispute.

(3.) THE respondents, while pleading that they were in a peaceful possession as owner of the House bearing No. 63/a and had not encroached upon any part of the house belonging to the petitioner, raised objection as to maintainability of the proceedings. The magistrate, after hearing the arguments on the question of maintainability, expressed, vide order dated 28-4-2000, his inclination to inspect the spot. Accordingly, on 2-5-2000. he inspected the spot in presence of the parties to the dispute; prepared a report and passed the final order directing the petitioner not to interfere with the possession of the respondents on the disputed land. As indicated already, the petitioner's revision was also dismissed.