HUSSAIN JAN SULEMAN Vs. BHAKTAWAR AND ANR.

JUDGEMENT

(1.) THIS revision is directed against the order passed by the learned Sessions Judge, Jeypore refusing to interfere with an order passed by the learned Executive Magistrate, Jeypore on a petition under Section 452 of the Code of Criminal Procedure ('Code' for short) filed by the Petitioner.

(2.) THE facts in brief may be stated. Late Amir Mul Khan was indisputedly the owner of the disputed land and the house. Claiming to be his son, the Petitioner, a foreign national, initiated a proceeding under Section 144 of the Code in respect of the disputed land and house against opposite party No. 1. The learned Executive Magistrate apprehended breach of peace and by preliminary order dated 14 -3 -1983 initiated a proceeding under Section 145 and simultaneously attached the disputed land and house under Section 146(1) of the Code. The Officer -in -Charge of Kundra Police Station attached the house on 20 -3 -1983 while the Petitioner was residing therein and gave the house in his custody. On the same day he attached the land and gave the same in the custody of an outsider.

(3.) DURING the pendency of the proceeding opposite party No. 1 filed a petition before the learned Executive Magistrate standing therein that there was no apprehension of breach of peace and so the proceeding should be dropped under Section 145(5) of the Code. After hearing both parties the learned Executive Magistrate by order 14 -7 -1983 held that there was no apprehension of breach of peace relating to the disputed land and house and so he dropped the proceeding. While doing so, he vacated the order of attachment of the disputed land and house and directed the officer -in -charge of Kundra Police Station to deliver the same to the party from whom they were attached. Being aggrieved with the aforesaid order, the Petitioner filed Criminal Revision No. 77 of 1983 before the learned Sessions Judge, Jeypore, which, by order dated 7 -5 -1984 was dismissed.