BISHNU MADHAV PRASAD MODI Vs. JAYANT PRASAD MODI

JUDGEMENT

(1.) CR . Misc. No. 1369/05 and Cr. Misc. No. 896/05 have been heard together and are being disposed of by this common order.

(2.) CR . Misc. No. 1369/05 has been filed for quashing the order dated 8.1.2004 passed by Sub - Divisional Magistrate, Kishanganj in Case No. 611M/03 by which the pending proceeding under sec. 144 of the Code of Criminal Procedure (in short as the Code) was converted into one under sec. 145 of the. Code.

(3.) IT appears that one Jayant Prasad Modi filed an application before the SubDivisional Magistrate, Kishanganj on the basis of which a proceeding under section 144 of the Code was initiated by order dated 14.11.2003 over an area of 3.20 acres consisting of plot nos. 5, 8 and 9 under khata no. 16, thana no. 45 of village Ghoramara. In the said proceeding, petitioners were the second party whereas Jayant Prasad Modi was the first party. It is further said that a proceeding under sec. 107 of the Code was already pending between the parties and in that proceeding order for interim bond had been passed as there was dispute between the parties in regard to standing paddy crops over the disputed land. Notices were accordingly issued and served on the second party. It is said that on 21.11.2003 first party filed an application that the second party had harvested paddy crops in violation of the prohibitory order of the Magistrate. The learned Magistrate called for a report in that connection from the police. The police submitted its report dated 21.12.2003 saying that on 29.11.2003 the members of the second party harvested paddy crops from about half area of the land in question. The second party i.e. petitioners filed an application dated 28.11.2003 and made a prayer before the Magistrate to call for a report from any other authority as according to first party the paddy crops of the entire disputed land has been harvested on 21.11.2003 but the police report was that the same has been harvested on 29.11.2003.