ANJU PATHAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order passed in DB No. 672 dated 10.12.2014 passed by the learned Sub Divisional Magistrate, Begusarai, by which the learned Magistrate has permitted the opposite party Nos. 2 and 3 to construct their house over the disputed land in question with reference to case No. 604 of 2014.

(2.) Heard learned counsel for the petitioner, learned counsel for the opposite party No. 2 and learned counsel for the State.

(3.) Learned counsel for the petitioner has submitted that earlier also proceeding under Section 144 Cr. P.C. was initiated between the parties for the same property which was finally disposed off by learned Magistrate by order dated 6.11.2014 passed in Case No. 604 of 2014 by which learned Magistrate has restrained to make construction over 7' x 2" wide common Rasta. It has further been submitted that opposite party No. 2 has started construction, then a petition was filed before the learned Magistrate by the petitioner. The learned Magistrate has by the impugned order allowed the opposite party No. 2 to proceed with the construction of the house on the land in qeustion. It has further been submitted that learned Magistrate has no jurisdiction to pass such order in Proceeding under Section 144 Cr. P.C. A Title Suit No. 202 of 2015 is pending between the parties.