GHULAM SUBHANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed under Article 226/227 of the Constitution of India for issuance of an appropriate writ against the Respondents in not interfering by way of revision etc. against the directives given by this Court in a previous Cr. W.J.C. No. 66 of 1991 (R) disposed of on 26.5.1992 with the direction as contained in the said order, which has been contained in Annexure-1 of the writ application.

(2.) For appreciating the submissions of both the parties, facts are necessary to be reiterated, which run as follows:

(3.) In the meantime, one Shashi Bhushan Mishra and others filed a suit being Title Suit No. 156 of 1990 for setting aside the decree in Title Suit No. 128 of 1988 against the vendor of the Petitioner and others and claimed the property to be in their exclusive possession and title. But, on a petition filed by the Respondent No. 2 Khurshid Ahsan Khan claiming himself to be in possession of a part of the suit building on rental basis from the original owner Saraswati Devi before the police for preventing the Petitioner to go inside the premises. The Police in the process recommended for a proceeding under Section 107 Code of Criminal Procedure and locked the said premise. M.P. Case No. 128 of 1991 was initiated, under Section 107 Code of Criminal Procedure. Against such initiation of proceeding under Section 107 Code of Criminal Procedure, this Petitioner came up before this Court with an application under Section 482 of the Code of Criminal Procedure for quashing the proceeding and for a direction to hand. over the key in favour of the Petitioner. The said application was ultimately converted, into a writ under Article 226/227 of the Constitution of India, and was registered as Cr. W.J.C. No. 66 of 1991 (R). That was vehemently contested by the Respondents of this petition and vide judgment dated 26.5.1992, the said writ was disposed of by the Hon'ble Mr. Justice Chy. S.N. Mishra by giving a specific direction to the S.D.M. (Executive) Hazaribagh in the following manner: