SAUDAGAR PRASAD YADAV Vs. MUKESH YADAV

JUDGEMENT

(1.) THIS revision application is directed against the order dated 29.7.2002 passed by the Sessions Judge, Begusarai in Cr. Revision No. 228 of 2002 whereby, it has set aside the order dated 30.4.2002 passed by the Sub -Divisional Magistrate, Begusarai in case No. 226 of 2002 drawing the proceeding under section 145 of the Code of Criminal Procedure, hereinafter referred to as the Cr.P.C. By the said order, the learned Magistrate had also attached the property under section 146(1) of the Cr.P.C.

(2.) SHORT facts giving rise to the present application are that on the basis of the report given by the Officer -in -charge of Neemachandpura Police Station, a proceeding under section 144 of Cr.P.C. was initiated in respect of the land situated in village Kusmahaut, Thana no. 334, Tauji No. 650, Khata No. 632, Khesra No. 2156 having an area of 1 bigha 7 Kathas and 15 dhoors.

(3.) THE second party -opposite party nos. 1 and 2, aggrieved by the same, referred Cr. Revision No. 228 of 2002 and the learned Sessions Judge, Begusarai, by the impugned order dated 29.7.2002, allowed the revision application, set aside the order of the learned Magistrate and while doing so, he observed that according to the 1st party itself, he was disposed by the second party before 26.5.1999 and as such, the proceeding under section 145 of the Cr.P.C. has not fit to be initiated.