SITA RAM MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS order shall dispose of Cr.W.J.C. No. 96/2001 and Cr.W.J.C. No. 100/2001. The orders impugned in each of the writ petitions are dated 21.10.2000 and have been annexed as Annexure -2.

(2.) FROM Annexure -2 it appears that on an application by Balram Jha certain enquiries were made by the circle officer and he made a request to the Sub -Divisional Magistrate under his letter no. 924 dated 12.9.2000 to take action under section 144 of the Code of Criminal Procedure. It appears from Annexure -2 that instead of registering the proceedings under Section 144 Cr.P.C. the learned Sub -Divisional Magistrate started proceeding with the matter, took into consideration certain documents which were filed before him on 3.10.2000 and thereafter pass an order that the properties were being wasted, the present petitioners who were not in possession or had no right, title or interest in the properties were creating problems and that the complainant Balram Jha was entitled to police protection.

(3.) THE petitions are allowed.