ABDUL MANNAN Vs. AWADH BEHARI

JUDGEMENT

(1.) The members of the second party in a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the CodeT) are the petitioners in this application. It is directed against the final order dated 1st December, 1980 passed by Shri T.K.Prasad, Executive Magistrate, Sadar, Gaya, whereby the possession of the first party was declared over the disputed land.

(2.) A proceeding under Sec.144 of the Code was started on 10th of March, 1973 on the basis of a police report in respect of the disputed land. This proceeding under Section 144 of the Code was converted into Sec. 145 of the Code on the 5th of May, 1973. The proceeding was pending for disposal before the Sub-divisional Magistrate, Sadar, Gaya, on 1st of April, 1974 when the new Code of Criminal Procedure, 1973, came into force. During the pendency of the proceeding the case was transferred to various Executive Magistrates and ultimately it was transferred to Shri T.K.Prasad, Executive Magistrate, Gaya who passed the final order.

(3.) As the case has to be disposed of on a pure point of jurisdiction, the cases of the parties need not be stated.