SASHIMANI DIBYA Vs. BISHNUPRIYA MOHAPATRA

JUDGEMENT

(1.) THE first party in a proceeding Under Section 145, Criminal Procedure Code (Cr. P. C for short) filed this revision petition assailing the revisional order passed by the teamed Sessions judge, Puri reversing the order of the learned Executive Magistrate, Puri and directing the proceeding be dropped as not maintainable.

(2.) ON the application' of 'the petitioner, initially a proceeding Under Section 144, Cr, P. C. was initiated against the opp. parties on 1 -12 -1983 which was subsequently converted to one Under Section 145, - Cr. P, C by the order dated 18 -1 -1984 and the focal Revenue Inspector was appointed as custodian of the paddy crop then standing on the disputed land. The gist of the case of the petitioner (first party) was that the disputed land, A, 23.07 decimals in extent, belonged to the joint family of the husband of the petitioner and the husband of opp. party No. 1. Opp. parties 1 to 5 filed a suit against the husband of the petitioner for partition of the joint family properties. During pendency of the suit her husband having died, the petition was substituted. The suit is stated to be pending before this Court in First Appeal No, 72 of 1979 Since the consolidation scheme was implemented in the area, the suit abated in respect of the consolidate lands including the disputed land and as such, the disputed land in the 145 proceeding was excluded from the suit and consequentially went out of the jurisdiction of the Civil Court, Thereafter members of the second party, that is, the successors of late Gopinath Mohapatra (opp. parties 1 to 5), the tenants set up by them tried to disturb the possession of the petitioner over the land. Hence, the proceeding Under Sections 144/143, Cr. P. C.

(3.) OPP . party No. 3 In a separate written statement claimed that he was in possession of a portion of the disputed land, A. 1.03 decimals out of plot No, 103, as bhag chasi and has been recognised as such by order of the Collector under the Orissa land Reforms Act, 1960.