KAMESHWAR TIWARY Vs. BISHNUDEO JHA

JUDGEMENT

(1.) This is an application for quashing an order simultaneously starting a proceeding under Section 145(1) of the Code of Criminal Procedure (hereinafter referred to as the 'Code') in respect of certain lands and attaching the same under Section 146(1) thereof.

(2.) It appears that on the 26th November, 1975, a proceeding between the parties was started under Section 144 of the Code in respect of the lands in dispute. This was converted into a proceeding under Section 145 of the Code by an order dated the 12th January, 1976. The order further, stated that it was a case of emergency and, therefore, the lands were attached under Section 146(1) of the Code. It appears that the parties had filed their petitions showing cause in the proceeding under Section 144 of the Code. The first party (opposite party) claimed to be In possession of the lands as sikmidar and on the g round that he was recorded in the recent survey record of rights as such. The second party (petitioners) claimed that petitioner No. 2 had purchased the aforesaid lands from one Bishwanath Pathak who is so recorded in survey papers and is admittedly the raiyat of the lands in question. Further it was contended on behalf of the petitioners that there had already been another proceeding under Section 145 of the Code and the petitioners' vendor had been declared in possession of the lands in question by an order dated the 22nd February, 1965. The petitioner, therefore, objected to the proceeding being converted into one under Section 145 of the Code.

(3.) After hearing the parties and going through the materials produced before him, the Magistrate rejected the contentions of the parties with the result stated earlier. Hence, this application.