RADHA SAHANI Vs. RAMAKANT JHA

JUDGEMENT

(1.) This application in revision by the members of the first party arises out of a final order passed by a First Class Magistrate, Samastipur, in a proceeding under Section 145 of the Code of Criminal Procedure, declaring the possession of the members of the second party (opposite party) over the disputed land.

(2.) A proceeding under Section 144 of the Code of Criminal Procedure was started on 22-3-iy74 by the Sub-Divisional Magistrate, Samastipur, on the basis of a police report on account of apprehension of breach of peace between the parties with regard to possession over certain land. In pursuance of the notice issued in the proceeding, both the parties appeared and filed their written statements. The learned Magistrate by his order dated 21st May, 1974, converted the proceeding into one under Section 145 of the Code on hearing both the parties which, as already stated above, has been decided against the petitioners by the impugned order,

(3.) From the facts stated above, it would appear that on 22-3-1974 when the proceeding under Section 144 of the Code of Criminal Procedure was started between the parties, the old Code of Criminal Procedure was in force. On 21st May, 1974. however, when the proceeding in question was ordered to be converted into a proceeding under Section 145 of the Code the new Code of Criminal Procedure had already come into force with effect from the 1st April, 1974 but the proceeding was concluded under the old procedure. On the basis of this fact, Learned Counsel appearing for the petitioners raised the following points for our consideration: