BANSIDHAR TRIPATHY Vs. BISWANATH DASH

JUDGEMENT

(1.) Petitioners assail correctness of the order passed by the learned Additional Sessions Judge, Jaipur in a proceeding Under Section 145 of the Code of Criminal Procedure, 1973 (in short 'the. Code).

(2.) BACKGROUND facts are that on the basis of a report of the Officer - in -charge of Barchana Police Station that the original petitioner in this revision application was creating disturbance in the possession of opposite party herein, a proceeding Under Section 144 of the Code was initiated by the, learned Executive Magistrate, Jaipur. Therein the present opposite party and one Bansidhar Tripathy (since dead) was arrayed as second party. By preliminary order dated 25 -10 -1979 said Banshidhar Tripathy was restrained from interfering in the disputed land. Subsequently the proceeding was converted to one Under Section 145 of the Code and both parties were called upon to file their written statements and examine witnesses. Learned Executive Magistrate passed final order on 26 -9 -1983 declaring possession of the petitioner. The matter was carried in Criminal Revision No. 537 of 1983 before this Court and by order dated 24 -4 -1985, the order of the learned Executive Magistrate was set aside and the matter was remanded to him for fresh disposal in accordance with law On re -adjudication possess - ion of Bansidhar Tripathy was declared by the learned Executive Magistrate. In revision the -order was reversed. The revisional authority set aside the order of the Executive Magistrate passed in favour of Bansidhar, and directed that if there was any fresh apprehension of breach of peace, proper proceeding was to be drawn up afresh on proper materials and against the necessary parties.

(3.) IT may be mentioned here that during pendency of revision application Banshidhar had died and was substituted by his would, sons and daughter.