KAMESHWAR SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and Opp. Party No. 2 as well as the learned Addl. Public Prosecutor appearing on behalf of the State.

(2.) Two petitioners have approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash an order dated 10.10.2007 passed by the learned Sub Divisional Magistrate, Rajauli in Case No. 407 (M)/07, whereby a proceeding under Section 144 of the Code of Criminal Procedure was converted to a proceeding under Section 145 of the Code of Criminal Procedure. The petitioners have further prayed for quashing of the order dated 1.11.2007 passed by the learned Sessions Judge in Cr. Revision No. 98 of 2007. By the said Order, the learned Sessions Judge has rejected the revision preferred by the petitioners against the order dated 10.10.2007 passed by the learned Sub Divisional Magistrate, Rajauli in Case No. 407(M)/07.

(3.) Short fact of the case is that on the basis of an application filed on behalf of petitioners, the police registered a case vide Sirdulla non-FIR Case No. 08 of 2007 and after conducting enquiry forwarded a report of the Sub-Divisional Magistrate, Rajauli for initiation of a proceeding under Section 144 of the Code of Criminal Procedure and a case vide Case No. 407(M)/07 was initiated under Section 144 of the Code of Criminal Procedure. Subsequently, after appearance of both the parties, i.e. petitioners and Opp. Party No. 2, learned Sub-Divisional Magistrate, Rajauli was of the opinion that there were apprehension of breach of peace over the disputed land/plots and, as such, the learned Magistrate converted the said proceeding to a proceeding under Section 145 of the Code of Criminal Procedure and directed for issuance of notice to both the parties and fixed the date to 30th October, 2007. Again the order dated 10.10.2007 passed by the learned Sub-Divisional Magistrate, Rajauli, both the petitioners preferred a revision petition vide Cr. Revision No. 98 of 2007 to the Court of learned Sessions Judge, Nawadah. However, the learned Sessions Judge vide its order dated 1.11.2007 rejected the revision petition.