TAPASYA BEHERA Vs. PADMA CHARAN BEHERA

JUDGEMENT

(1.) This petition Under Section 482, Cr PC is filed invoking inherent power of the Court to quash the order of the learned Executive Magistrate passed in Misc. Case No. 41 of 1990 converting the proceeding Under Section 144. Cr PC to one Under Section 145 and subsequent order declaring the possession of the opposite party (first party in the Court below) in respect of the land in question.

(2.) THE disputed land appertains to plot No. 531 under Khata No. 61 of mouza Dangulu, P. S. Sadar, District Phulbani. On an application being filed by the opp. party that there was likelihood of commission of breach of peace concerning the disputed land, learned Subdivisional Magistrate, Kondhamal, Phulbani, initiated a proceeding Under Section 144, Cr PC on 25 -7 -1990 and restrained both the parties to enter upon the said land. In response to the notice the petitioners entered appearance and filed their show -cause. Since both parties independently advanced claim of possession, which required determination in a properly constituted proceeding, the learned SDM vide his order dated 14 -11 -1990 converted the proceeding to one Under Section 145, Cr PC. Thereupon he proceeded with the hearing and recorded evidence adduced by the parties and ultimately passed orders declaring possession in favour of the opp. party. Aggrieved by the said order the petitioners approached the learned Sessions Judge, Phulbani, in Criminal Revision No. 47 of 1992. Upon hearing the parties, the learned Sessions Judge affirmed the lower Court's order and dismissed the revision.

(3.) LEARNED counsel for opp. party, on the other hand, argued that this petition Under Section 432, Cr PC which is in the nature of a second revision is not legally maintainable and further, finding of possession having been determined by the Magistrate and confirmed by the revisional Court, should not be interfered with in exercise of inherent power.