SUKANTI JENA Vs. BIJAYA KUMAR CHAMPATI

JUDGEMENT

(1.) THE revision is directed against the order dated 2 -9 -198,6 of the learned Executive Magistrate, Bhubaneswar allowing to implead a third party by mame Krushna Chandra Champati in the proceeding Under Section 145, Cr. P.C. pending before him.

(2.) FACTS of the case need not be gone into and learned counsel on both sides agree that the sole question for decision in the case is whether in a proceeding Under Section 145, Cr. P. C. a third party can be impleaded even though he is able to show that he has some interest in the property involved in the dispute. Learned counsel for the petitioner relying on a Bench decision of this Court in the case of Raghunath Rout v. Kalia Gouda and others, ILR 1976 Cut. 598 has urged that such impleadment is hot permissible in a proceeding Under Section 144 or 145, Cr P.C. which is confirmed only to two parties, between whom there is dispute with regard to possession. On a perusal of the aforesaid leading decision in the matter, I find that it supports the contention of the petitioner. The learned counsel for the opposite parties has failed to place any authority in support of his contention that a third party can be impleaded in a proceeding Under Section 145, Cr. P. C. .