BHABANI PRASAD RANA Vs. ANIL DAS

JUDGEMENT

(1.) HEARD learned Advocate for the petitioner and the learned Advocate for the O. P. No. 4.

(2.) THE application is filed under article 227 of the Constitution of india whereby the petitioner has prayed for an order to set aside the order dated 28. 9. 07 passed by the learned additional Chief Judicial Magistrate, haldia in connection with a case being N. G. R. Case No. 335 of 2001.

(3.) IT appears from the documents filed along with the application that prosecution in his case is being conducted by the State. It appears that the petitioner filed an application in terms of the provisions as contained in section 302 of the Cr. P. C. praying for permission from the learned Court below to conduct prosecution. It further appears that an application was filed before the learned Court below praying for an order to produce certain documents as mentioned in the said application it may be pointed out in this context that prosecution is initiated by the State in connection with the charge under Section 427 of the I. P. C. and it further appears from the order passed by the learned Court below that witnesses are already examined and even though the date was fixed for evidence it is submitted by the learned Advocate for the opposite party and not disputed by the learned advocate for the petitioner, that the case has now fixed for hearing argument. It may be pointed out in this connection that in a charge under Section 427 of the I. P. C. , the case is pending for more than seven years and as such the learned Court below was right in considering this aspect of the matter. The learned Court below was of the view that the question of title and possession is a subject matter of the civil Court and cannot have any bearing in connection with a charge under Section 427 of the I. P. C.