ZAFFAR KHAN Vs. RAM MAHTO

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, the order dated 14.1.84 passed by the 3rd Additional Sessions Judge, Palamau and the order dated 16.9.82 passed by the S.D.M. Daltonganj has been questioned. The learned Magistrate converted the proceeding under Section 144, Cr.P.C. to a proceeding under Section 145, Cr.P.C. in respect of the same land which had earlier been decided by a competent Civil Court in favour of the petitioner and the possession in pursuance of the said decree had been effected and delivered to the petitioner.

(2.) The necessary facts are that in the year 1961 the father of the petitioner purchased the land in question from one Rahiman Bibi by virtue of two sale deeds, dated 24.5.61 and 1.6.61. In the year j964 the delivery of possession was given to the petitioner through the Civil Court in pursuance of a decree passed by it. The disputed property is a piece of land measuring 2 58 acres bearing plots Nos. 1941, 1942, 2276, 2236, 2237, 1972, 1952 and 1954 in village Bari, P.S. Daltonganj.

(3.) The opposite parties had filed a title suit being T.S. No. 44/64 which was dismissed on 30th March 1968 by the learned Munsif. An appeal preferred against that order before the District Judge in T.A. No. 18/68 also stood dismissed on 18.1.78. Thereafter a Second Appeal was preferred to this Court Section A. 17/78 and that too was dismissed on 9.5.83 and the matter stood finally concluded between the parties. During the pendency of the Title Appeal before the District Judge, the opposite parties filed a petition for starting another Section 145, Cr.P.C. proceeding against the petitioner over the same piece of land. It has already been stated earlier that in the year 1964 a final decree had passed by the Civil Court and the delivery of possession had been effected and the same stood confirmed on 9.5.83 when the Second Appeal was dismissed by the High Court in favour of the petitioner. An application for starting another 145 proceeding over the said piece of land between the same parties had been rejected on 11.11.71 while the second appeal was pending in the High Court, another attempt was made by the opposite parties and a proceeding under Section 144, Cr.P.C. was yet started on 20th July, 1982 The petitioner-first party then approached the local police claiming that since their legal possession was being disturbed at the hand of the opposite parties, it would be just and proper in the interest of justice that Section 107, Cr PC. proceeding be started against the opposite parties. Instead of taking this recourse and steps for binding the opposite parties under Section 107, Cr.P.C. preventing them from causing breach of peace a fresh proceeding under Section 144 was started and converted into a proceeding under Section 145, Cr.P.C. by the sub-divisional Magistrate on 16.9.82. The revision preferred against that order was dismissed by the learned Sessions Judge on 14.1.84 and therefore those two impugned orders are questioned in this application.