RAKESH RANJAN @ MADHUKAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) L . Narasimha Reddy, C J 1. The petitioner challenges the order dated 17.08.2012 passed by the Sub -Divisional Magistrate, Banka - respondent herein.

(2.) THE brief facts are that the Circle Officer of Chandan, of Banka District addressed a letter dated 20th June, 2012 to the respondent stating that the name of father of the petitioner is entered in the revenue records in respect of the land in Khata No.176, Khesara No.984/2714 being an extent of 18 decimals situated in Chandan village and the petitioner is in enjoyment of the said land. He stated that the land is abutting the market place in the village and the petitioner is taking steps to sell the land to the intending purchasers and there is resentment in the residents of the village. At the end, he made a request to the respondent to initiate a proceeding under Section 144 of the Code of Criminal Procedure, since there is every likelihood of the breach of the peace in the village.

(3.) THE respondent took note of the same. However, on 17.08.2012, he passed an order directing that it would not be possible to get a detailed enquiry, and to examine the witnesses under Section 144 Cr.P.C., and accordingly, converted the proceedings into those under Section 145 Cr.P.C. Hence, this petition under Section 482 Cr.P.C.