SOMARI RAI Vs. RAGHU NATH PRASAD SHARMA

JUDGEMENT

(1.) This is an application in revision against the final order, dated 26-8-74 passed in a proceeding under Section 145 of the Code of Criminal Procedure, 1898 (hereinafter referred to as 'the Code') by Sri K.K. Sharma, an Executive Magistrate posted at Muzaffarpur.

(2.) Initially a proceeding under Section 144 of the Code was drawn up on 7-11-71. It was converted into a proceeding under Section 145 of the Code on 2-2-72. The dispute related to survey plot No. 543 having an area of 6 acres 96 decimals of land situate in village Aurai in the district of Muzaffarpur. Both the parties filed written statements, documents and affidavits of witnesses. The learned Executive Magistrate Sri K.K. Sharma on consideration of the written statements, documents and affidavits filed by the parties declared the second party to be in possession of the disputed land by his order, dated 26-8-74. The petitioners, who were first party to the proceeding under Section 145 of the Code have filed this application in revision against the order, dated 26-8-74.

(3.) This case was, in the first instance, heard by a learned single Judge, who referred it to a Division Bench. It is how this has been placed before us.