FATEH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) BY this application under Section 561 -A of the Code of Criminal Procedure (hereinafter to be referred to as 'the Code') a prayer has been made on behalf of the petitioners to quash the proceeding under Section 144 of the Code in which the impugned orders have been passed against the petitioners.

(2.) THE Karamchari of Halka No. 6 of Anchal Baroon sent a report to the Anchal Adhikari on the 18th December 1969 saving that on the 24th October 1969 petitioner No. 1. Kumar Fateh Sineh. with his men had forcibly cultivated plots Nos. 124. 130. 600 601. 602. 603. 936. 127. 588 584 etc, appertaining to khata No. 38 in village Nanari -Khurd within Baroon Police station in the district of Gaya and suggested that necessary action should be taken against them. The Circle Officer through whom this report seems to have been routed to the Anchal Adhikari and the Anchal Adhikari Baroon forwarding this to the Sub -divisional Magistrate, Aurangabad reiterated the suggestion that necessary legal action should be taken against Kumar Fateh Singh and others. On this the Sub -Divisional Magistrate on the 5th January. 1970 initiated a proceeding under Section 144 of the Code against the petitioners.

(3.) THE petitioners contended that actually an auction was held of the standing crop despite protests made by them and the crop was sold on 22 -4 -1970 for a petty sum of Rs. 600/ - although they were worth Rs. 6,000/ - in value. Regard being had to the circumstance in which the proceeding under Section 144 of the Code was initially started and a successive order was passed and the crop was auction sold the petitioners contend that the entire proceeding is vitiated and is fit to be quashed.