NETLAL RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 21.01.2013 passed in Criminal Revision No.191 of 2009 by the court of the Additional District and Sessions Judge-II, Sitamarhi, dismissing the aforesaid criminal revision of the petitioner, affirming the order dated 18.09.2009 passed by the Sub Divisional Magistrate, Pupari, Sitamarhi, in Case No.416 of 1992, declaring the possession in respect to land in dispute over which the house is situated in favour of the first party/opposite party nos.2 to 7(c).

(2.) Heard learned counsel for the petitioner, learned A.P.P. for the State as also the learned counsel for the opposite party nos.2 to 7(c).

(3.) Learned counsel for the the member of the second party/revisionist/petitioner submits that, admittedly, over the land in dispute, the residential house is situated but the learned Sub Divisional Magistrate, Pupari, Sitamarhi, illegally declared the possession of the members of the first party/opposite party nos.2 to 7 over the same in a proceeding under Section 145 of the Code of Criminal Procedure vide order dated 18.09.2009 passed in Case No.416 of 1992, which is also affirmed by the Additional District and Sessions Judge-II, Sitamarhi, through the impugned order dated 21.01.2013 passed in Criminal Revision No.191 of 2009 illegally. Learned counsel for the petitioner further submits that in respect to the land over which his house is situated, proceeding under Section 145 of the Code of Criminal Procedure is bad in law and placed reliance on a decision in the case of Dilip Poddar Vs. State of Bihar, Amod Kumar and ors., 2001 3 PLJR 471. Learned counsel for the petitioner also submits that Title Suit No.325 of 2013 filed by the member of the second party/petitioner against the members of the first party/respondent nos.2 to 7 is also pending for the decision in the court of Sub Judge-I, Sitamarhi.