RAM CHANDRA RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application filed by the second party to a proceeding under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code'). It has been filed under Articles 226 and 227 of the Constitution of India. It is directed against the entire proceeding of the Case No. M 760 of ] 966 under the aforesaid provisions of law pending in the court of the Sub-divisional Magistrate, Chapra.

(2.) It appears that a proceeding under Section 144 of the Code was started on 24-6-1966 before the Sub-divisional Magistrate, Chapra, regarding 15 Khatas and 11/2 Dhurs of land in Plot No. 80 under Khata No. 73 situated in village Dhane Chapra, P. S. Dariapur, District Saran. Later on the same was converted into a proceeding under Section 145 of the Code on 23-7-1966 and the parties were asked to file their written statements, documents and affidavits. Thereafter, the Magistrate on 7-4-1967 declared the possession of the first party (Respondent No. 2) over the disputed land.

(3.) Being aggrieved by this order the petitioners came to this Court in Criminal Revision No. 1448 of 1969. This Court remanded back the case to the court of the Sub-divisional Magistrate, Chapra, with a direction that all the affidavits which were to be used by the Magistrate must be sworn before him or re-affirmed by the parties in his court. While the petitioners re-affirmed those affidavits on 15-6-1973, Respondent No. 2 failed to comply with this order till today though a large number of adjournments were granted to her by the Magistrate. Respondent No. 2 inspite of the notice even did not attend the court of the Sub-divisional Magistrate from 13-8-1974 to various other dates fixed in the proceeding till 4-11-1986. As such the proceeding is still pending in the court of the learned Magistrate for re-affirming or re-swearing the affidavits by Respondent No. 2.