HAJARI SHAFI Vs. RAMASIS THAKUR

JUDGEMENT

(1.) This revision was filed by Hajari Shafi and 112 others. They were first party in the court below under Section 145 of Criminal Procedure Code. It has been filed against the order dated 13th of September, 1967 of the Sub-divisional Officer, Sitamarhi, directing Sri Jaideo Das, Magistrate, 1st class, to sign, date and deliver the judgment already written by Sri Balram Singh, the predecessor in office who heard the case because he was transferred to some other place.

(2.) Before I take up the consideration of this revision it will be necessary to dispose of the application of the petitioners dated 7-3-1968 in which they have prayed for condonation of delay in filing the revision before this Court. According to provisions under Article 131 of the Limitation Act, 1963, the period for filing revision against the order is 90 days whereas in the instant case the petitioners have filed the petition much beyond the period of limitation prescribed. In the past, the practice was that in such cases reference petition used to be filed before Sessions Judge and that used to take long time. Therefore, now it has been decided by a Bench of this Court that instead of going to Sessions Judge, in order to save time revision should be filed direct to this Court. In spite of that the petitioners in this case filed the application before Sessions Judge for reference against the impugned order. In the ground for condonation of the delay they have alleged that due to wrong advice given by the lawyers they filed the application before the Sessions Judge, Muzaf-farpur. There are some decisions of this Court which do not favour condonation of delay in such cases, as sufficient opportunities now have been given to the members of the public to know about limitation prescribed by the said Act. But in this case since a substantial question of law is involved I feel inclined to condone the delay and to hear the application on merits and I order accordingly.

(3.) It appears that in 1963 a proceeding under Section 144 of the Code of Criminal Procedure (hereinafter referred to as the Code) was drawn up by the Sub-Divisional Officer against both the parties due to apprehension of breach of the peace in respect of about 300 bighas of land in village Birpur of police station Sursand in the district of Muzaffarpur.