MISHRI MANDAL Vs. NAGESHWAR SINGH

JUDGEMENT

(1.) The petitioners have moved this petition under -Section 561A of the Code of Criminal procedure (here -in -after referred to as 'the Code') before this Court for quashing the order dated 7th September, 1970 passed by the Sub -divisional Magistrate Monghyr. By this order the Sub -divisional Magistrate took cognizance of the offences against the petitioners. The relevant facts are these: - -

(2.) In the proceeding under Sec. 145 of the Code, the Magistrate made a reference to the Munsif under Sec. 146(1) of the Code and the Munsif decided the reference by the order dated 30th June, 1970. In view of the order dated 30th June, 1970, the 2nd party (some of the petitioners) moved a petition on 1st July, 1970 before the Magistrate that no "parwana" (order of settlement for taking possession of the settled land) be issued to the complainant (Nageshwar Singh) and accordingly, "parwana" was not issued to the bidder (Nageshwar Singh). In the absence of any "parwana" the bidder was not directed by the Magistrate to take possession.

(3.) On 25th July, 1970 a complaint petition was filed by Nageshwar Singh (complainant -Opposite party) before the Gram Cutcherry in respect of offences under Ss. 447, 147, 148 and 379 of the Indian Penal Code. The complainant was examined on oath by the Sarpanch. The complainant disclosed that the complainant had taken settlement of the disputed land and he had grown maize crops in it. On the date of the occurrence, these petitioners formed an unlawful assembly and they cut away standing maize crops. It is for the trial court to find out as to whether the complainant was in possession of the disputed land at the relevant time of the occurrence or not.