CHANDRA BHUSHAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole 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 30.3.2000 passed by the learned 6th Addl. Sessions Judge, Muzaffarpur in Cr. Revision No. 171 of 1999, whereby the learned Addl. Sessions Judge has allowed the revision petition and set aside the order dated 7.7.1999 passed by the learned Sub Divisional Magistrate, East Muzaffarpur in Case No. M 518 of 1991 dropping the proceeding under Section 145(5) of the Code of Criminal Procedure.

(2.) Short fact of the case is that on the basis of petition filed by Opp. Party No. 2 raising apprehension of breach of peace in respect of the land bearing R.S. Plot No. 60 appertaining to R.S. Khata No. 328, situated at Mohalla Pankhatoli, Muzaffarpur. Initially, a proceeding under Section 144 Code of Criminal Procedure was initiated by the learned Sub Divisional Magistrate, East Muzaffarpur, which was subsequently converted into a proceeding under Section 145 of the Code of Criminal Procedure. In the said proceeding, subsequently, the Petitioner was added as Opp. Party No. 2 being purchaser of the land in question. The Petitioner in the said proceeding filed a petition for dropping the proceeding under Section 145(5) of the Code of Criminal Procedure. In respect of the same land, Opposite 2nd Party and his wife had also filed a suit vide Title Suit No. 200 /91 for declaration of title and permanent injunction in respect of Petitioner?s land. In the said suit, the parties had appeared and they were contesting the suit and, as such, the Petitioner filed a petition under Section 145(5) of the Code of Criminal Procedure to drop the on going proceeding under Section 145 of the Code of Criminal Procedure. Thereafter, the learned Sub Divisional Magistrate called for a report and whereupon Kazi Mohammadpur Police submitted a report on 18.7.1998 to the effect that there was no apprehension of breach of peace over the land in question and, as such, the learned Sub Divisional Magistrate was pleased to drop the proceeding under Section 145(5) of the Code of Criminal Procedure considering the fact that Title Suit was pending in between the parties over the land in question. The learned Sub Divisional Magistrate vide its order dated 7.7.1999 passed in Case No. M 518 of 1991 was pleased to cancel the order of initiation of proceeding under Section 145(5) of the Code of Criminal Procedure. Against the order dated 7.7.1999 passed by the learned Sub Divisional Magistrate, East Muzaffarpur, Opp. Party No. 2 preferred a revision vide Cr. Revision No. 171 of 1999 and the learned 6th Addl. Sessions Judge, Muzaffarpur vide its order dated 30.3.2000 allowed the revision petition and remitted back the matter to the learned Sub Divisional Magistrate, East Muzaffarpur for deciding the proceeding on merit after giving opportunity to all the parties to the proceeding.

(3.) Aggrieved with the order of the revisional court dated 30 .3.2000 passed by the learned 6th Addl. Sessions Judge, Muzaffarpur, whereby the revision preferred by Opp. Party No. 2 was allowed, the Petitioner approached this Court by filing the present petition. On 19.4.2001 while issuing notice to Opp. Party Nos. 2 and 3, this Court directed that till further order is passed, further proceeding before the Magistrate shall remain stayed and the petition was admitted for hearing on 30.7.2002 . Lower Court record was called for and it was directed that the interim order dated 19.4.2001 shall remain continued. The order of stay is still continuing.