PARAMANANDA MOHANTY Vs. HADIBANDHU MOHANTY

JUDGEMENT

(1.) The member of the first party in a proceeding under Section 145 of the Criminal Procedure Code. 1973 (hereinafter referred to as the Code) is the petitioner in this revision.

(2.) The case has had a chequered career. A proceeding under Section 144 of the Code was initiated in the year 1985 which was subsequently converted to one under Section 145 of the Code. The dispute relates to Sabik Plot No. 415 of Khata No. 73 and Sabik Plot Nos. 417/1222 and 417/1223 of Khata No.6 in mauza Raghunathpur. The Executive Magistrate by his order dated 4-12-1988 while keeping the disputed lands under attachment had directed the first party to approach the Civil Court to establish his title. The petitioner filed Criminal Revision No. 9/89 in the Court of the Sessions Judge which was allowed on 17-3-1990 and the matter was remanded to the Executive Magistrate for disposal on merit. On 2-7-1991 while rejecting the prayer of the first party for adjournment the Executive Magistrate passed an order dropping the proceeding. Inevitably, the first party again filed revision before the Sessions Judge which was numbered as Criminal Revision No. 97/91. On 7-4-1992 the Sessions Judge remanded the matter to the Executive Magistrate for disposal in accordance with law. Though the Executive Magistrate took evidence promptly enough the matter lingered for about two years. The petitioner approached this Court in Criminal Misc. Case No. 1973/93 which was disposed of on 24-2-1994 with a direction to the Executive Magistrate to dispose of the proceeding under Section 145 of the Code. Subsequently, on 15-4-1994, the Executive Magistrate passed an order declaring possession of the present petitioner in respect of plot No. 415. However, in respect of the other two disputed plots, the Executive Magistrate held that he was unable to decide about the possession of either party and as such dropped the proceeding. This has necessitated a fresh sojourn to the High Court by the first party petitioner.

(3.) The order of the Magistrate declaring possession of the first party in respect of plot No. 415 has not been challenged by the members of the second party and as such has become final. The discussion in the present Criminal Revision is confined to the claim of either party in respect of C.S. Plot No. 417/1222 and 417/1223.