UPENDRA MOHANTA Vs. SARADHA MOHANTA

JUDGEMENT

(1.) Heard.In this application under Section 482, Cr. P.C. petitioners challenge the correctness and legality of the order of the Courts below i.e., Executive Magistrate, Keonjhar in Criminal Misc. Case No. 337 of 1994 vide order dated 22-2-1995 and order of the Sessions Judge, Keonjhar in Criminal Revision No. 53 of 1995 vide judgment dated 11-1-1999.

(2.) The subject-matter of dispute, as stated at the Bar, is Ac. 5.88 decimals of land. On the basis of the report regarding existence of apprehension of breach of peace Criminal Misc. Case No. 337 of 1994 was initiated and ultimately decided under Section 145, Cr. P.C. declaring the possession of the first party members who are the daughters through the first wife of the last male owner Raibu Mohanta. The present petitioners preferred Criminal Revision No. 53 of 1995 and learned Sessions Judge after perusal of the oral and documentary evidence and the impugned order under Section 145, Cr. P.C., refused to interfere with the same on the ground of absence of any illegality, Thereafter the petitioners have approached this Court filing application under Section 482, Cr. P.C.

(3.) At the outset objection was raised on behalf of the first party members/opp. parties relating to the maintainability of this proceeding inasmuch as in view of the provision under Section 397(3), Cr. P.C. a second revision is barred by the selfsame party. Learned counsel for the petitioners thus argued that when a case of violation of principle of natural justice or abuse of the process of the Court shall be made out, then notwithstanding the prohibition of sub-section (3) of Section 397, Cr. P.C., this Court is empowered enough to invoke the inherent power. This Court agreed to that proposition of law and heard the parties on relevant contentions accordingly.