GURU SHARAN RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS petition is directed against the order of Shri B.K.P. Sinha, Executive Magistrate, Nawada, in Misc. Case No. 670 Cm/74/84/85 under section 145 of the Code of Criminal Procedure (in short "the Code") dated 17 -8 -85 by which the possession of 2nd party -opposite party was declared and the 1st party -petitioner was restrained from going over the land and disturb the opposite party's possession.

(2.) EARLIER there was a proceeding under section 144 of the Code started on 10 -9 -74 with regard to 1 dhur out 1 katha 2 dhurs land of plot No. 702 under katha No. 80 village Naudihakala, district Nawada towards northwest -corner of the said plot. The said proceeding was later on converted into a proceeding under section 145 of the Code and the arguments were heard on 6.4.84 the impugned order was passed on 17 -8 -85.

(3.) LEARNED counsel for the opposite party submitted that though the order was passed after 16 months of the hearing of the argument it cannot be said to be illegal on that account alone. According to him the entire plot was in dispute which the 1st party had claimed. The learned Magistrate had discussed the evidence which were adduced before him and after considering those evidences, he had passed the impugned order. Thus, there is nothing wrong or illegal therein.