LAWS(PAT)-1980-2-13

BAJRANGI MANDAL Vs. S K BHUTANI

Decided On February 19, 1980
BAJRANGI MANDAL Appellant
V/S
S.K.BHUTANI Respondents

JUDGEMENT

(1.) This is an application under Sec 482 of the Code of Criminal Procedure, 1973, (hereinafter referred to as "the Code") for quashing the order pased by the Sessions Judge of Saharsa in Criminal Revision No. 155 of 1978 (Annexure 2 to the appication) relating to a proceeding under Sec. 147 of the Code.

(2.) Briefly stated, the case is that the opposite party had filed a petition before the Executive Magistrate, Madhepura on 17th December, 1974, for starting a proceeding under Sec. 144 or 147 of the Code against the petitioners in respect of 9 bighas 12 khatas 16 dhurs of land covered by-plots no 1858 and 2100 of khata no. 167, village Bhelwal alleging that it was a public land used as cremation ground, Imambara etc. The Magistrate issued a show cause notice. The petitioners of this case filed show cause saying that the land was never a public land inasmuch as they had taken settlement of the same from the ex-intermediary in the years 1936 and 1942, the land having been recorded as Ghairmazrua Malik land. Further it was said that they had also purchased a portion thereof on 1st February, 1972, and their names had also been shown in the Jamabandi return of the ex-intermediary and they had been getting rent receipts from the ex-landlords as also from the State of Bihar. So far as graveyard is concerned, their definite case is chat the graveyard stands in plot no. 6098(New) measuring 1 bigha 6 khatas with which, they say, they have absolutely nothing to do. The police enquired into the matter and submitted a report to say that the graveyard exist in plot no. 6098 (New) and not in plots 1858 and 2100.A protest petition was also filed and ultimately the Magistrate himself held local inspection. He also found that there was no dispute actually regarding the two plots in question and the graveyard stood in plot no. 6098. After holding the local inspection, by his order dated 14th April, 1978/18th April, 1978 (annexure 1 to the application) he held that there was no cause for starting any proceeding.

(3.) Against that, Criminal Revision No. 155 of 1978 was filed in the Court of the Sessions Judge, Saharsa, who set aside that order and directed the magistrate to draw up a proceeding under Sec. 147 of the Code with respect to the plots in question (vide annexure 2). Against that order, this application has been filed