CHANDRAMANI DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure (hereinafter to be referred to as 'the Code') is directed against the order dated 3-10-1986 passed by the Sub-divisional Magistrate, Jahanabad in suit No. 791 of 1986, initiating a proceeding under Section 145 of the Code in respect of certain plots of land situated a village Baisar, Police Station Mahandi, district Jahanabad and directing the petitioners and opposite party No. 2 to put in their written statements in respect of the fact of actual possession over the land in dispute. The petitioners are the 2nd party and the opposite party No. 2 is the first party in the proceeding,

(2.) In respect of those very lands, a proceeding under Section 144 of the Code had been initiated earlier against these parties which was disposed of by the same Sub-divisional Magistrate by his order dated 26-9-1986 vacating the rule is used in that proceeding in favour of these petitioners who were 1st party in the proceeding and making the rule absolute against the opposite No. 2 who was second party in that proceeding.

(3.) The present application came up for admission before Hon'ble Mr. Justice R. N. Lal who admitted this application and further ordered that during the pendency of this application the operation of the order of the court below shall remain stayed. A petition was filed an behalf of the opposite party No. 2 for vacating the stay and a counter affidavit on behalf of the petitioners in reply thereof has been filed on behalf of the petitioners.