JAGDISH KUNWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS is an application under Sec. 482 of the Code of Criminal Procedure for quashing the order dated 23.8.2005 passed by the Sub -Divisional Magistrate, Teghra in Case No. 117(M)/2005 under Sec.145 Cr.P.C. by which he has attached the disputed land under Sec.146(1) Cr.P.C. and appointed Anchal Adhikari, Teghra as receiver.

(2.) HEARD both the sides.

(3.) LEARNED counsel for the petitioner submitted that the petitioner is in possession of the disputed land. The report of the Anchal Adhikari was collusive and so when the petitioner had filed an objection petition, the learned S.D.M. should have got the matter enquired by some other agency. The main argument, however, is that there was no emergency. The report of the Anchal Adhikari also does not speak of any emergency and therefore, the learned S.D.M. was not justified in passing the impugned order. He then submitted that there is nothing to show that from the date of filing of the petition for initiation of a proceeding under Sec.144 Cr.P.C. till the date of impugned order any overt act was committed by the petitioner over the disputed land. So, it cannot be said to be a case of emergency. He then referred to the report of the Anchal Adhikari and submitted that though the allegation against the petitioner is that he looted the crops grown by O.P. No. 2 from the disputed land in December, 2004 and on 12.6.2005 when O.P. No. 2 went to cultivate the land by the tractor, the petitioner alongwith anti -social elements abused the driver and drove him away, those incidents are not sufficient to hold the case one of emergency. He further submitted that the petitioner recently had applied for loan for boring in the disputed land and the Anchal Adhikari conducted the enquiry through Halka Karamchari and the Circle Inspector and his possession over the disputed land has been found.