SAMIUR RAHMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned A.P.P. Other parties did not appear on calls.

(2.) This is an application impugning the order dated 26.7.1988 recorded by the learned Sub-divisional Magistrate, Araria in a proceeding under Section 145 of the Code of Criminal Procedure (in short "the Code") in which, out of the contesting parties including the present petitioner the learned Court found that Miblan Day Care Society (hereinafter referred to as "the Society") was in possession over the land in question from which it was ousted within preceding two months and, therefore declared the possession of the Society. Other parties were restrained to interfere in that possession except in accordance with a decision of a competent Civil Court.

(3.) From the impugned order it appears that the petitioner claimed that he had purchased the land from Ram Suresh Bharti, also a party to that proceeding, who had purchased the land in his own name and subsequently executed registered sale-deeds in favour of his own wife and also in favour of the wife of the petitioner.