GYANDEO SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criininal Procetdure for quashing the order dated 3/12/2004 passed in Revision Case No: 342/2003 by Addl. Sessions Judge III, Patna by which he has upheld the order dated 22-3-2003 passed by the learned sub-divisional Magiistrate, Sadar Patna in Misc. Case No. 1923(M) 1987 whereby he (S.D.M.) has dropped the proceeding under Section 145, Cr. P.C. under the provisions of Section 145{5) Cr. P.C.

(2.) Heard learned counsel for the petitioner.

(3.) It appears that a proceeding under Section 145, Cr. P.C. was initiated between the parties in respect of 5 kathas of land of Plot No. 901 Khata No. 50, Mauza Hajapur. The parties appeared and filed their show cause. Witnesses on behalf of the petitioner were also examined. The second party of the proceeding (O.Ps. Nos. 2 to 11) then filed a petition under Section 145(5) Cr. P.C. for dropping the proceeding on the ground that Title Suit No. 538/93 is subjudiced between the parties in respect of the same land. The learned S.D.M. after hearing the parties by the order dated 22-3-2000 dropped the proceeding. The petitioner then went in revision arid the learned Addl. Sessions Judge after hearing the parties by the impugned order dismissed the revision.