SUBASH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure thereinafter referred to as the Code) is directed against the order dated 22.3.1985 by which the Sub-divisional Magistrate, Jehanabad, initiated a proceeding under section 145 of the Code with regard to some plots of land situated in village Deogghra within Kako Police Station in the district of Gaya.

(2.) A proceeding under section 144 of the. Code was started with regard to the said plots on the basis of a report submitted by the police on 4.1.1985. The petitioners as well as the members of the opposite party filed their show cause and produced some documents in the Court below. After hearing the parties, the Sub-divisional Magistrate converted the proceeding into one under section 145 of Code by impugned order.

(3.) The petitioners figured as 1st Party in the Court below and the members of the opposite party as the 2nd Party. The case of the petitioners, in brief, is that the disputed plots were acquired by Rash Bihari Singh, Keshwar Singh and Bambhola Singh prior to the Cadestral survey. The share of Rash Bihari Singh in the disputed land was to the extent of 12/- amnas and remaining of-annas belonged Jointly to Keshwar Singh and Bambhola Singh and, accordingly, their names were recorded in the record of rights in the Codestral survey. After some time a partition took place and the parties came in possession of the land allotted to them according to their respective share.