SUDHAKAR ROUT Vs. UPENDRANATH SAMAL

JUDGEMENT

(1.) THIS case arises out of a petition filed under Section 482 Cr.P.C. on behalf of the petitioners challenging the order dated 26.3.2001 passed by the Addl.Sessions Judge, Rourkela in Criminal Revision No.17 of 1997 confirming the order dated 18.10.1997 passed by the Executive Magistrate, Panposh in Criminal Misc. Case No.48 1997.

(2.) THE facts germane to filing of the case succinctly stated are that the I.I.C. of Raghunathpali P.S. filed P.R. and counter P.R. under Section 107 Cr.P.C. against the petitioners and opp.parties before the S.D.M., Panposh, Rourkela which were registered as Criminal Misc. case Nos.748 and 749 of 1997 respectively. Both the cases were transferred to the Court of Sri B. Lenka, Executive Magistrate, Panposh for hearing and disposal as per law. Accordingly, the Executive Magistrate proceeded with the cases. He clubbed both the cases, but passed the final order only on Criminal Misc. Case No.748 of 1997 wherein the petitioners were the First Party and opp.parties were Second Party.

(3.) BOTH the parties claimed to be the owner of the disputed shop room and as there was apprehension of breach of peace, the OIC of Raghunathpali Police station submitted P.R. and counter P.R. against both the parties under Section 107 Cr.P.C. as stated earlier and put the shop room under lock and key.