MD ANISH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 12.09.2002 passed by Sub.Divisional Magistrate, West Sub Division, Muzaffarpur in Case No. P-304 of 2002, whereby the prayer of the petitioner for payment to him Rs. 58,401/-, i.e. price of the mangoes sold in auction by order of the learned Sub.Divisional Magistrate and deposited, thereafter, in Nazarat, was rejected.

(2.) SHORT fact of the case is that on the basis of a petition filed by one Saukhi Lal Sah, who was earlier opposite party no. 2, father of substituted opposite party no. 2(a) to 2(d), on apprehension that there were possibility of breach of peace due to the reason that petitioner and his men were adamant to pluck mangoes from the orchard standing in Khesra No. 749 measuring 3.7 and 1/2 decimals which was claimed to be the land of Madarsa Razakiya Nishwa, a proceeding under section 144 of the Cr.P.C. was initiated and after hearing the parties and considering the show cause the learned Sub.Divisional Magistrate, after being satisfied that either of the parties were not in a position to conclusively satisfy the Court regarding the title/possession over the land, the learned Magistrate converted the proceeding under Section 145 of the Cr.P.C. keeping in view the fact that mangoes which were in the orchard field had matured, under Section 145(8) of the Cr.P.C. directed for auction sale of the mangoes of the orchard situated over the disputed land and directed for depositing sale proceed in the Nazarat. As per the petitioner, the sale proceed after the auction of the mangoes of the orchard in question amounting to Rs. 58,401/- was deposited in the Nazarat.

(3.) I have also heard Mrs. Pushpa Sinha, learned Additional Public Prosecutor appearing on behalf of opposite party no. 1/State, who has supported the impugned order.