NANDOO SINGH Vs. ABU SAYEED

JUDGEMENT

(1.) This case has been referred to the Division Bench. The facts giving rise to this application are as follows. The petitioners were members of the second party in a proceeding under Section 144, Criminal Procedure Code, before the Sub-Divisional Officer at Patna. On 21-12-1953, the learned Sub-Divisional Officer passed an order which reads as follows :

(2.) Two days later, on 23-12-1953, the first party, who are opposite party here, filed an application praying that plots Nos. 3616 to 3620 be excluded from the proceeding, as, regarding these five plots, there was an order in their favour in a former proceeding under Section 145, Cr. P. C., and also a favourable decision of the Civil Court. The learned Sub-Divisional Officer, after hearing the parties, said : om the documents submitted on behalf of the parties it is not clear if these plots or parts thereof were subject-matter of the proceeding under Section 145, Cr. p. C. In view of this, I see no reason to exclude them from the proceeding. Prayer is rejected." The first party then moved the District Magistrate of Patna, and it appears that their prayer was to set aside both the orders passed on 21-12-1953, as well as on 23-12-1953. The learned District Magistrate, on 27-4-1954, allowed this application, and directed that the order of the learned Sub-Divisional Officer, dated 21-12-1953, converting the proceeding under Section 145, Cr. P. C., be set aside.

(3.) The second party, being dissatisfied with this order, has now come up to this Court for reversal of the same.