UTTAM LAL YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN this writ application the petitioners have prayed for issuance of appropriate writ in the nature of certiorari for quashing the order dated 27.9.1996 passed by 1st Additional District Judge, Madhipura in Criminal in Criminal Revision No. 64 of 1996 and the order dated 6.6.1995 passed by the Sub divisional Magistrate, Madhipura in Miscellaneous Case No. 244 of 1996. Learned Sub divisional Magistrate by the aforesaid order initiated a proceeding under Section 145 of the Code of Criminal Procedure by ignoring the final order passed by him in the earlier proceeding for the same dispute between the same parties.

(2.) THE fact of the case lies in a very narrow compass.

(3.) A counter affidavit has been filed on behalf of respondent No. 2 stating, inter alia, that the earlier order passed by the Sub divisional Magistrate under Section 144 of the Code of Criminal Procedure was without hearing respondent No. 2 and without considering the facts and the document filed on his behalf. Respondent No. 2 further stated that the earlier order, dated 24 5 1996 passed by the learned Sub divisional Magistrate was not in accordance with law and the force of the final order was only for 60 days from the date of initiation of the proceeding under Section 144 of the Code of Criminal Procedure. Respondent No. 2 further claimed title and possession over the land by stating series of facts.