MADAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure, 1973 (In short 'the Code,) has been filed by the second party to the proceeding (M 2689/80) under Section 145 of the Code pending in the Court of Sub-divisional Magistrate, Siwan. It is directed against the order dated 20-1-1990 passed by the learned Sub-divisional Magistrate, Siwan by which the proceeding under Section 145 of the Code was initiated against both the parties with respect of the land in dispute and also for quashing the entire proceeding.

(2.) It appears that opposite' party No.2 had filed a petition before the Sub divisional Magistrate, Siwan impleading the petitioners as the second party and alleging therein that revisionalsurveyplotNo.395, Khata No.171 of Village Ujain P.S. Daramda measuring an area of 5 bighas 2 kathas 3 dhurs was recorded in the revisional survey katian as Sheottar land and was being cultivated by Chandeshwar Singh and five others on Batai basis and the income therefrom was spent on the maintenance for temple and rag bhog of lord Shiva. It was alleged that the present petitioners were lathials and they intended to loot the standing paddy crop from the aforesaid plot which was grown by the Bataidars namely Chandeshwar Singh and five others.

(3.) On the basis of this petition a report was called for from the officer-in-charge, Daraunda Police Station and on the basis of his report a proceeding was started under Section 144 of the Code. The petitioners had appeared in the said proceeding and in their show cause they contended that opposite party No. 2 had filed this application on behalf of Chandeshwar Singh and five others who had already filed Title Suit No.34/89 against the petitioners with respect of the suit land in the Court of Subordinate Judge, Siwan. An injunction petition filed by them for restraining the petitioners from going over the land in dispute was rejected by the learned Subordinate Judge by his order dated 8-1-1990 and that this fact has been concealed by opposite party No. 2 in his petition filed before the learned Sub-divisional Magistrate, Siwan, Dineshwar Singh one of the plaintiffs of the said suit happens to be the nephew of opposite party No. 2. Accordingly the petitioners pray that the proceeding started against them be dropped, -this prayer of the petitioners was rejected by the learned Sub-divisional Magistrate, Siwan.