JAMUNA BIN Vs. RAMANI MOHAN BARMAN,

JUDGEMENT

(1.) THIS criminal revision petition is directed against the order of the Addl. Sessions Judge, Tripura, D/ -10 -11 -70 confirming the order Dt. 25 -11 -68 passed by the Magistrate, 2nd class, Agartala refusing to stay the proceedings in Cr. Case No. 550 of 67, under Section 344 Criminal Procedure Code

(2.) ON a complaint filed on 19 -7 -67 by one Shri Ramani Mohan Barman, the respondent herein. Shri Jamuna Bin the revision petitioner and 5 others are prosecuted for offences under Sections 447 and 379 I.P.C. in that on 17 -7 -67 they have trespassed into the land in the possession of the respondent and committed theft of paddy crop. The said case was taken on file as CR. 550 of 67 for an offence under section 379 IPC. In respect of the very land from which the accused are alleged to have committed theft of paddy crop, there were proceedings under Section 145 Criminal Procedure Code (misc. case 35 of 65) between the respondent herein and Jamuna Bin the revision petitioner, and in those proceedings on 4 -11 -61 the learned Magistrate passed an order directing that the disputed land shall remain in possession of the respondent herein till evicted in due course of law. Aggrieved by the said order, Jamuna Bin the revision petitioner filed a suit T. Section 104 of 66 for declaration of his title to the land in question and for confirmation of his possession. While that suit was pending the respondent filed the private complaint referred to above. Jamuna Bin and the other accused filed a petition under Section 344 Criminal Procedure Code in C. Rule 550 of 67 before the 2nd Class Magistrate for stay of proceeding of the criminal case pending disposal of the Civil Suit on the ground that the question of title and possession of the land which are to be decided in the civil suit would practically decide the guilt or otherwise of the accused in the criminal case. On 5 -12 -67 the learned Magistrate dismissed that application and finding that a crime facie case is made out against the accused framed a charge against them under Section 379 IPC and posted the case for cross -examination of the prosecution witnesses. Against the order refusing to stay the Criminal proceedings, the accused preferred criminal revision petition 3 of 68 before the Sessions Court and obtained stay of the proceedings. But before the revision petition came up for final disposal T. Section 104 of 66 was reported to have been withdrawn with permission to bring a fresh suit with the result the stay was vacated and the revision petition was dismissed. Subsequently the revision petitioner filed a fresh suit T. Section 87 of 68 on the same cause of action, on which his earlier suit was filed and thereafter he again filed an application under Section 344 Criminal Procedure Code before the 2nd Class Magistrate for stay of the proceedings in the Criminal case and the learned Magistrate on 25 -11 -68 dismissed the same observing that there are no fresh grounds to stay the proceedings of the Criminal case. Thereafter the accused Shri Jamuna Bin moved the Sessions Court in Criminal Motion 243 of 68 to make a reference to this court under Sections 435 and 438 Criminal Procedure Code The Addl. Sessions Judge by his order Dt. 10th November, 1970 dismissed the same finding that no case is made out to stay the criminal proceedings.

(3.) IT is for consideration whether the facts of this case warrant the stay of proceedings in Cr. Case No. 550 of 66 on the file of the 2nd Class Magistrate, Sadar pending disposal of T. Section 87 of 68 on the file of the Munsiff, Sadar.