GOPA BEHERA Vs. FAKIR MOHAN BEHERA AND ORS.

JUDGEMENT

(1.) FIRST party member In a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the ''Code '') is the Petitioner against the revisional order of the learned Sessions Judge, Kalahandi.

(2.) IT appears from the records of the case that the first party member had filed a petition before the learned Magistrate to take action against the second party members under Section 144 of the Code. Second party member Fakir also had filed an application to take similar action against the first party. The Magistrate sent both, these applications to the Officer -in charge, Khariar Police Station, for enquiry and report. On receiving the reports from the Officer -in -charge, Khariar Police Station, as well as the report from the Tahasildar, the Magistrate on being satisfied that there is likelihood of breach of peace during the harvesting of the paddy from the disputed land, passed the preliminary order under Section 145 (1) and attached the standing crop under Section l45 (8) of the Code asking both parties to put their written statements, in respect of their respective claims of possession over the disputed and Pursuant to the said notice, parties filed their respective written statement and also led evidence regarding actual possession. It was the case of the first party that the land in question belongs to his father and it was so settled in his father 's name in a proceeding under the Orissa Estates Abolition Act. On the basis of alleged purported sale by his father in favour of the second party members the second party members created disturbance in the possession of the first party, though the first party member continued to be in possession of the land in question and in the aforesaid premises he had filed the application to restrain the second party members under Section 144 of the Code.

(3.) ON a revision being carried, the learned Sessions Judge has interfered with the said finding of possession which is being impugned in the present revision.