IBRAHIM Vs. SALIM

JUDGEMENT

(1.) THIS application is directed against an order dated 22.1.1980 passed by Shri S. Tirki, Sub -divisional Magistrate, Godda in Criminal Miscellaneous Case No. 757 of 1979, whereby he started a proceeding under Section 145 of the Cr. P.C. hereinafter referred to as the Code, on the basis of a petition filed by the opposite party.

(2.) THE proceeding relates to a large area of land measuring about 196 bighas in Mauza Mednichak, police Station Pathargama, district Santhal Parganas. Earlier to this, a proceeding had been started under Section 144 of the Code at the instance of the opposite party, which ultimately was dropped on 28.11.1979. Soon thereafter that is, on 15.12.1979 a petition was filed on behalf of the opposite party praying to start a proceeding under Section 145 of the Code. In that petition, the opposite party stated that they along with the present petitioner were in joint possession over the lands. But as the petitioner here had developed evil intention and wanted to grab the entire produce by forcibly harvesting the same, the opposite party had filed a petition for starting the proceeding under Section 144 of the Code. It was further stated. in the said petition that the opposite party had filed a title Suit No. 12 of 1972 in respect of this land which was ultimately dismissed for default. The opposite party further claimed that they were in joint cultivating possession of the lands in question and actual partition had not taken place up -till now. On the basis of such allegations, the learned Sub -divisional Magistrate started a proceeding under Section 145 of the Code, as stated above.

(3.) THE result is that this application succeeds and the order dated 22.1.1980, aforementioned, is quashed. Application allowed.