ANJANI KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) This application under Section 482, Cr PC has been filed to quash the entire proceeding initiated under Section 145, Cr PC in Case No. 137 (M) of 2006 pending in the Court of Shri A.K.Razak, Executive Magistrate, Lakhisarai as well as order dated 18.9.2006 passed under Section 146, Cr PC in the said proceeding.

(3.) The properties involved in the proceeding are properties of Ram Janki Thakur-Bari situated in village Amarpur. Admittedly, one Ram Chandra Prasad Mahto, the father of both the parties was its last sebait. He executed a registered deed dated 2.4.2001 in favour of the petitioner appointing him as sebait in his place of the Thakurbari in question. It further appears that the petitioner filed a Title Suit No. 44 of 2001 before the Court of Munsif, Lakhisarai for declaration that he has been validly appointed as sebait by virtue of the deed executed by his father and also for permanent injunction against the opposite-party. Next year in 2002, the opposite-party No. 2 also filed title suit bearing No. 16 of 2002 against the petitioner and his own father Ram Chandra Prasad Mahto who was then alive, for declaration of deed dated 2.4.2001 executed by his father in favour of the petitioner as void and illegal. However, he has not claimed himself as sebait of the Thakur-Bari.