RAGHUNATH SAHOO Vs. NIRANJAN SAHOO

JUDGEMENT

(1.) THIS is an application under Section 482, Cr.P.C. for quashing the orders dated 17.11.2004 and 13.12.2004 under Annexures -1 and 10 respectively, passed by the Executive Magistrate, Niali in Criminal Misc. Case No.181 of 2004 initiating a proceeding under Section 145, Cr.P.C. restraining the petitioners and opposite parties from entering into the disputed land and appointing the Revenue Inspector, Sadar, Niali as receiver in respect of the crops standing on the disputed land.

(2.) THE Officer -in -charge, Niali Police Station submitted a report that the opposite party No.1 first party in one hand and the petitioners and opp.parties 2 to 5 on the other are trying to reap the paddy crops standing on plot Nos.3203, 3210, 3211, 3214, 3215, 3258, 3259, 3260, 3291 and 440 of Khata No. 105 of mouza -Tolagopinathpur under Niali Police Station creating a volatile situation. In the report he suggested that in order to avid clash between the parties and to avoid any breach of peace in the locality a proceeding under Section 145, Cr.P.C. be initiated. Considering the aforesaid report of the O.I.C., Niali Police Station and the surrounding circumstances, the Executive Magistrate, Niali vide order dated 17.11.2004 drew up a proceeding under Section 145, Cr.P.C. and restrained the parties from entering into the disputed land until further orders. Further, in order to protect the standing crops over the disputed land, he appointed the Revenue Inspector, Sadar, Niali as receiver and directed him to harvest the standing crops and to meet the expenses of such harvest from the sale proceeds of the harvested crops. Aggrieved, the petitioner has filed the present petition to quash the above said orders of the learned Executive Magistrate.

(3.) THE plea of the 2nd party members is that the disputed land was purchased by them in the year 1982 and they are in possession of the same ever since and accordingly, R.O.R. has also been prepared in their names for the disputed land. It was also claimed by the 2nd party members that Civil Suit is pending between the parties for the disputed land and in that suit the prayer for injunction of the 1st party -opp.party has been rejected by the Court and so a proceeding under Section 145, Cr.P.C. cannot be initiated and the order of attachment of the crops standing thereon cannot be passed.