SHEIKH ANAWARUL Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Manoj Kumar, learned counsel for the petitioner, Mr. Aditya Narayan Singh-1, learned APP for the State and Mr. Amaresh Kumar Sinha, learned counsel for the opposite parties no. 2 and 3.

(2.) The instant petition has been filed under Sec. 482 of the Code of Criminal Procedure (in short the Code) challenging the order dtd. 6/10/2018 passed by the learned Additional Sessions Judge-IV, East Champaran, Motihari in Cr. Rev. No. 287 of 2017 by which the order dtd. 7/9/2017 passed by the S.D.M., Sikarhana under Sec. 145 of the Code was set aside.

(3.) The main grounds taken by the petitioner's counsel to assail the order impugned are that by order dtd. 7/9/2017 the Executive Magistrate simply observed that there was a bonafide land dispute in between both the parties for which a detailed enquiry was required and, accordingly, by that order both the parties were simply directed to appear and file their written statement and give evidences, so, the said order was completely interlocutory in nature hence as per the provision under sec. 397(2) of the Code, the revision preferred by the opposite party against that order was not maintainable. It is further submitted that while deciding the legality and propriety of the order dtd. 7/9/2017 the learned revisional court declared the possession of the opposite parties over the disputed land and dropped the proceeding initiated under Sec. 145 of the Code against both the parties which was not in the domain of the revisional court.