MAHANATH BIJOY DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code of Criminal Procedure (in short as the Code) has been filed for quashing the order dated 31.1.2005 passed by learned Additional Sessions Judge-VI. Muzaffarpur in Cr.Revision no. 142/2001 whereby and whereunder he has dismissed the revision and affirmed the order dated 26.4.2001 passed by leamca Sub-divisional Magistrate, West Muzaffarpur in Case No. M722/01 under Section 145(1) of the Code

(2.) IT appears that the petitioner Mahanth Bijay Das was second party in the proceeding before the court below whereas opposite party no. 2 Murari Prasad Singh was the 1st party. IT appears that opposite party no. 2/1st party filed a petition in the court of Sub-divisional Magistrate, West, Muzaffarpur that he was authorised by the Religious Trust Board to look after Ram Janki Thakurbari, Sugga Mandir, Naya Tola, Muzaffarpur. IT was alleged that the petitioner/2nd party in collusion with opposite party no.1 was misusing the crops of scheduled-1 property and was using it as his personal income and on being asked to provide the account, the 2nd party became violent as a result of which Puja Path of deity could not be done properly and the temple came to a dilapidated condition. He also stated that the property of Bihar State Religious Board was being misused and the management of temple could not be done properly. Learned Sub-divisional Magistrate, West, Muzaffarpur after hearing the 1st party and on being satisfied that on account of land dispute there was tension between the parties and also apprehension of breach of peace at their hands, by order dated 26.4.2001 initiated a proceeding under Section 145 of the Code. IT appears that after service of notice the petitioner being the 2nd party appeared and filed show cause that there is no apprehension of breach of peace and 1st party to the proceeding is a tenant of the petitioner The petitioner also pointed out that the Hon'ble High Court in C.W.J.C. No. 8305 of 1998 has quashed the constitution of the committee and therefore, the 1st party is no more Secretary of the committee and the petitioner is the present Mahanth of the Math in question. Inspite of above submission, learned Sub-divisional Magistrate preferred to proceed with the proceedings under Section 145 of the Code. The petitioner thereafter filed Cr. Revision no. 142/01 before the learned Sessions Judge, Muzaffarpur which was heard and disposed of by Additional Sessions Judge-VI, Muzaffarpur who by order dated 31.1.2005 dismissed the revision and affirmed the order of learned Magistrate. Against the said order dated 31.1.2005 the petitioner has preferred the present application for quashing before this Court.

(3.) IT was next contended on behalf of the petitioner that by order dated 20.4.2005 the learned Magistrate has attached the land under Section 146 of the Code without holding any inquiry and also without assigning any reason. IT was further contended that the petitioner filed a petition under Section 145(5) of the Code to drop the proceeding but the same has been rejected vide Annaxure-7 to I.A. No. 17/07.