SUKHAILAL Vs. SALIGRAM

JUDGEMENT

(1.) This is an application for setting aside an order dated Jan. 1, 1979, passed by the Sub-divisional Magistrate, Dhalbhum at Jamshedpur, in a proceeding under S.145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') by which the learned Sub-divisional Magistrate, Dhalbhum has declared the possession of the Second party who is opposite party before this Court.

(2.) The petitioners who were first party in the said proceeding being aggrieved by the said order moved this Court for setting aside the same.

(3.) Before I proceed to give the judgment, I must say that this case has a chequered career. A proceeding under S.144 of the Code was initiated on the basis of a Police report of Telco Police Station against both the parties. Thereafter the said proceeding was converted into a proceeding under S.145 of the Code. This proceeding relates to a land measuring 1.05 acres of different plots, thirteen in numbers, under Khata No.25 situate at village Kalmani Basti under Telco Police Station in the District of Singhbhum.