RAM PADARATH SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present petition, under Sec. 482 Cr.P.C., has been preferred by the petitioners against the impugned order dtd. 16/5/2016, passed by learned Additional Sessions JudgeIII, Nawada in Criminal Revision No. 44 of 2015 / 16 of 2016, whereby learned Sessions Court had dismissed the revision petition finding no illegality in the order dtd. 27/10/2014 passed by learned Sub-Divisional Magistrate, Rajauli, DistrictNawada in proceeding bearing No. 1M of 2014, whereby learned Executive Magistrate has attached the subject landed property.

(2.) The factual background of this case is that the opposite party No.2 herein, Sarojani Devi, filed one petition bearing Proceeding No. 50M of 2013 before learned Sub Divisional Magistrate for initiating proceeding under Sec. 144 Cr.PC and thereupon, the proceeding under Sec. 144 Cr.PC was initiated. However, after hearing both the parties, learned Executive Magistrate closed the proceeding under Sec. 144 Cr.PC and advised the parties to prefer Title Suit before Civil Court, if so advised.

(3.) Subsequently, the said Sarojani Devi filed one petition under Sec. 145 Cr.PC, before learned Sub-Divisional Magistrate on 7/12/2013 against the petitioners herein in regard to landed property measuring 1 Acre 37 decimal bearing Khata No. 135 and Plot No. 1544, 1546, 1546/2249, alleging that the petitioners herein were bent upon to forcibly dispossess her which might lead to breach of peace. In pursuance of this petition, learned Executive Magistrate called for report from Officer-in-charge and Circle Officer within a week. Subsequently, Circle Officer submitted his report stating that the purchasers of the lands are in possession, but there is dispute among the parties in regard to title to the property. However, he reported that on account of the dispute, there is apprehension of breach of peace.