MD BASHIR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 12.10.2001 passed by the Judicial Magistrate, Bettiah, West Champaran in Complaint Case No. 2041 C of 1999, giving rise to Sikta Police Station Case No. 36 of 1999.

(2.) THERE are 18 accused persons in this case. The petitioner is the Circle Officer of Sikta and he has also been arrayed amongst the accused persons.

(3.) IT is apparent from the facts narrated aforesaid, that the proper procedure for the complainant was to move the District Magistrate or the Land Reforms Deputy Collector for appointing a Magistrate and allotting Police force to implement the orders of the Circle Officer. The orders of the Circle Officer in fact indicate that he had held in favour of the State of Bihar by holding that the lands of the State of Bihar had been encroached upon by the accused persons.