NAND KISHORE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Sec. 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the order dated 19.1.2004 passed by the Sub -Divisional Magistrate, Sitamarhi in case no. 1110 of 2003 whereby and whereunder the pending proceeding under sec. 144. of the Code has been converted into one under Sec.145 and notices have been issued to the parties to file their written statement in support of the claim. There is also prayer for quashing the order dated 8.4.2005 passed by the said Magistrate by which the petition dated 6.1.2004 filed by petitioner Nand Kishore Singh has been rejected.

(2.) IT appears that the learned Sub -Divisional Magistrate on the basis of a petition filed by Opposite Party No. 2 Lal Mukhi Devi and after being satisfied that on account of land dispute there were tension between the parties and also apprehension of breach of peace at their hands, initiated the proceeding under Sec.144 of the Code and directed the parties to file their show cause.

(3.) THE land involved in the proceeding is 80 decimals of plot no. 3540 under Khata No. 799. The case of the petitioner (second party) before the Magistrate was that one Jhingpur Singh was the common ancestor of the parties. He died living behind son Bhairo Singh only, Bhairo Singh executed a registered deed of gift in favour of his wife Saraswati Devi in respect of 80 decimals of land of plot no. 3540 under Khata No. 799 situated at Mouza Kuwari Madan RS. Majorganj, District Sitamarhi and thereafter on 8.1.2003 Mostt. Saraswati Devi through registered sale deed dated 1.8.2003 for consideration of Rs. 80,000 sold 76 decimals of plot no. 3540 under Khata No. 799. to Malti Devi who is wife of Nand Kishore Singh. After execution of the sale deed Malti Devi got her name mutated and started paying rent and getting rent receipt from the State of Bihar. He also took the stand that first party Lal Mukhi Devi is the kept of Bhairav Nandan Singh since 1973 and as such she has no right, title, interest and possession over the land in question. It is further stated that Asha Singh daughter of Lal Mukhi Devi filed suit bearing partition suit no. 258 of 2003 before the Court of Sub -Judge 1st, Sitamarhi in which 23.2.2004 she filed injunction petition under Order 39 Rules 1 and 2 and Sec.151 of the Code of Civil Procedure to restrain the defendants including Saraswati Devi from executing any sort of deed with respect to suit properties mentioned in schedule no. 1 of the plaint and also from cutting the standing trees and bamboos over the land but the said injunction petition has been dismissed by order dated 29.9.2004.