PRAMOD SHANKAR PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE 1st Party of a proceeding under Sec.145 Cr.P.C. being Case No.M -31 of 2003 is aggrieved by order dated 10.4.2004 passed by the learned Sub Divisional Magistrate, Siwan and, therefore, has invoked the inherent jurisdiction of this Court for quashing of the said order as also the order dated 14.12.2004 passed by the learned lllrd Additional Sessions Judge, Siwan in Criminal Revision No. 107 of 2004 who upheld the order of the learned Sub Divisional Magistrate, Siwan.

(2.) THE facts of the case may be noticed with relative brevity. Late Lalji Sahay had two wives. Two sons, Bageshwari Prasad and Tripurari Prasad were born from the first wife whereas Adya Prasad and Vidya Prasad were born from the second wife and on the death of Lalji Sahay before the revisional survey operation his sons inherited the properties left behind by him and came in possession thereof and the lands were recorded in the name of his sons. It is said that in the year 1925. there had been a private partition amongst his four sons by virtue whereof Tripurari Prasad got seven kathas out of Survey Plot No. 2343 and he remained in possession thereof. It is also said that since the sons were separate both in mess and business in all respects, separate returns as per share were filed on vesting of Jamindari in the year 1955 -56. Lalji 'sson Tripurari Prasad also had two wives, Ramkumari Devi and Nagina Devi and Ramkumari Devi died issue - less in the year 1959 and shortly thereafter Tripurari Prasad transferred his entire property barring a few by a registered deed of gift in favour of Nagina Devi. Tripurari himself expired in 1964 whereupon Nagina Devi inherited all his properties including the seven kathas out of survey plot no. 2343 and came in exclusive possession thereof. It is said that since Nagina Devi was also issue -less and died in the year 1990 she transferred her entire estate by two deeds of gift of the year 1974 and 1986 in favour of the petitioner herein, namely, Pramod Shankar Prasad Verma including the seven kathas of land in Survey Plot No. 2343. Accordingly, the petitioner herein, came in possession of all the lands aforesaid, got his name mutated in the revenue records and he has been paying rent against receipts.

(3.) IT further appears that O.P. No. 2 herein, Bankey Sharma who is not a party to the suit aforesaid filed a petition in the instant proceeding for dropping the proceeding under Sec.145 Cr.P.C. primarily on the ground that a civil suit between the parties is pending and that his house stands upon the disputed land and the learned Magistrate acting thereupon dropped the proceeding vide impugned order dated 10.4.2004 without even looking into the report dated 5.2.2003 of the Anchal Amin and the Criminal Revision No. 107 of 2004 preferred against the said order ended in a similar result.