AJAY SHANKAR SINGH, S/O LATE RAM SAKAL SINGH, R/O VILLAGE MOLDIAR TOLA, P.S MOKAMA, DISTRICT PATNA Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) The present criminal revision application, under Sections 397 and 401 of the Code of Criminal Procedure, has been filed, seeking setting aside the order, dated 12.06.2013, passed by learned Sub-Divisional Magistrate, Barh, Patna, in Case No. 223 of 2010, whereby, he had held possession of opposite party Nos. 3, 4 and 5 over the disputed land in a proceeding under Sec. 145 of the Code of Criminal Procedure. After having passed the said order, learned Sub-Divisional Magistrate had restrained the petitioner from interfering with the possession of the said opposite parties till the order, dated 12.06.2013, was interfered with by a competent court of civil jurisdiction.

(2.) I have heard learned counsel appearing on behalf of the petitioner and learned counsel representing the contesting respondent Nos. 3 to 5.

(3.) Learned counsel for the petitioner has submitted that learned Sub-Divisional Magistrate, Barh, Patna, in his order, dated 12.06.2013, has committed an error of record and despite there being evidence to the effect that the petitioner had the possession over the disputed land, erroneously recorded that the opposite party Nos. 3, 4 and 5 were in possession of the said land. In support of the said submission, he has relied upon statement of one Anil Bihari Singh, recorded in course of enquiry before the learned Sub-Divisional Magistrate, wherein, he had stated that the possession of land in question was handed over to the petitioner after an agreement to sale was executed.