RAMPATI DEVI W/O DURGI MAHTO; CHANDO MAHTO; BHARAT MAHTO AND MAHENDRA MAHTO ALL SONS OF DURGI MAHTO Vs. STATE OF BIHAR AND ORS

JUDGEMENT

(1.) Four petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 7.2.2002 passed by the Sub Divisional Magistrate, Nawadah Sadar in Case No. 1316 of 2001 whereby a proceeding under Section 144 of the Code of Criminal Procedure was converted to the proceeding under Section 145 of the Code of Criminal Procedure and both the parties were restrained from going to the disputed land.

(2.) Short fact of the case is that a proceeding under Section 144 of the Code of Criminal Procedure was initiated on the prayer made by the opposite parties 2 to 21. Subsequently, the said proceeding was converted to a proceeding under Section 145 of the Code of Criminal Procedure by the order dated 7.2.2002.

(3.) Aggrieved with the order of initiation of proceeding under Section 145 of the Code of Criminal Procedure, the petitioners have approached this Court by filing the present petition. On 7.10.2002, while issuing notice to opposite party Nos. 2 to 21, this Court directed that as an interim measure, further proceedings before the Sub-Divisional Magistrate, Nawadah Sadar in connection with Case No. 1316 of 2001 shall remain stayed until further orders and thereafter, on 13.8.2003, the case was admitted for hearing and it was directed that in the meantime, the order dated 7.2.2002 passed in Case No. 1316 of 2001 by the S.D.M., Nawadah, Sadar shall remain stayed and order of stay is still continuing.