BINOD KUMAR SARAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the Older dated 11. -9 -1999 passed in Case No. M 369/91, whereby and where -under the learned Magistrate dropped the proceeding under Section 145 of the Code of Criminal Procedure and also the attachment order under Section 146(1) of the Code of Criminal Procedure has been withdrawn.

(2.) SHORT facts leading to this application as stated are that a proceeding under Section 144, Cr. PC was drawn up as -back as on 14. -11 -1991 between the petitioner and Opposite Party Nos. 3 and 4 after submission of police report. The aforesaid case (M 3911 91) was initiated with respect to 0.12 acres of land of Khata No. 6, plot N. 847 of village Noora, PS -Sadar, District Hazaribagh and the said proceeding was later on converted into a proceeding under Section 145, Cr. P.C. by order dated 10. -1 -1992. The Opposite party preferred revision against the said order which was dismissed. After the revision was dismissed, the Opposite Party came before this Hon'ble Court vide Cr. Misc. No. 5481 of 1992 (R) challenging the order dated 10 -1 -1992 and praying for quashing the order of SDM as well as the order of the learned Sessions Judge which was dismissed by order dated 21 -6 -1993 by this Court, in the meantime, the attachment order under Section 146(1) of the Code of Criminal Procedure was also passed as per order dated 20 -9 -1993 and the Circle Officer, Sadar was appointed as Receiver, against which a Revision was also filed before the Sessions Judge, Hazaribagh which was dismissed. Subsequently, the Opposite party again preferred Cr. Misc. No. 5290 of 1993(R) which was also dismissed by order dated 7 -1 -1994. It is further stated that a Title Suit being Title Suit No. 27/94 was filed by Opposite party in the Court of Sub -fudge, Hazaribagh for the lands situated on Khata No.6 plot No. 847 area 0.21 acres. The Opposite Party No.4 and her son also moved this Court vide Cr. Misc. No. 7154/96(R) against the said proceeding, which was also dismissed by order dated 20 -8 -1997. But, even then the learned Executive Magistrate has dropped the proceeding under Section 145, Cr. PC and has also withdrawn the attachment order by the order impugned, when the learned Magistrate failed to take into consideration that the Title Suit has been filed after the said proceeding in order to defeat the provision of law. The petitioner was also not given opportunity to be heard and in absence of the petitioner, the order impugned was passed, which is fit to be quashed.

(3.) IT may be noted here that none appeared on behalf of the Opposite party Nos. 2 and 3 in spite of service of notice.