PARICHHAN SINGH Vs. HEMAN SINGH

JUDGEMENT

(1.) The only point for consideration in this criminal revision application is, whether the learned Subdivisonal Magistrate of Muzaffarpur has jurisdiction to try the proceeding under Section 145 of the Code of Criminal Procedure when the land: in dispute, being survey plot No. 950 of khata No. 919 of village Hirdopatti, is alleged to have situated within the jurisdiction of Runi Saidpur police station which is under the jurisdiction of Sitamarhi subdivision within the same district of Muzaffarpur.

(2.) It appears that the learned Subdivisional Magistrate of MuzafYarpur had drawn up a proceeding under Section 145 of the Code of Criminal Procedure with respect to survey plot No. 950 of khata No. 919 of village Hirdopatti, which is said to lie within the jurisdiction of Sitamarhi subdivision of the same district. The proceeding was being tried by another Magistrate, Sri G. C. P. Sinha, holding first class powers, who, by his order dated the 19th October 1959, has held that the land in dispute fell in Katra Police Station which is under the jurisdiction of the Sadar Subdivision of Muzaffarpur. He has further observed that it was of little consequence whether the case was decided in one subdivision or another in the same district. The learned Magistrate has also observed that the parties admitted before him that the disputed land lies in village Bhadai under the Katra police station, which is within the jurisdiction of Sadar Subdivision of Muzaffarpur.

(3.) It has been challenged on behalf of the petitioner that no such admission was made on his behalf that the land in question situates within the jurisdiction of Katra police station, and that, in fact, the land appertains to village Hirdopatti which is under the Runi Saidpur police station within the subdivision of Sitamarhi. In support of this contention, reliance was placed upon the voters' list of the last Legislative Assembly election, the Certified copy of Union Register and some other documents which would show that the plot in question falls in tola Hirdopatti of village Dhobha which is in Runi Saidpur police station under the jurisdiction of Sitamarhi subdivision.