NANDAN SAHU Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the 'Code') has been filed for quashing the order dated the 8th of June, 1985 whereby the IInd Additional Judicial Commissioner of Ranchi has directed the petitioner to deliver possession over a portion of the house bearing Holding No. 1126, within Ward No. '1' of Ranchi Municipality, and the subsequent orders dated 28 -3 -1983 and 20 -7 -1987 passed by the said Judge for implementation of the said order.

(2.) The facts leading to this proceeding are as follows : Oopposite party No. 2 Ajit Kumar Ghosh had obtained a decree for delivery of possession against Chhotan Lal Sabu and others in respect of a portion of the aforesaid holding and had put the same in execution vide Execution Case No. 56 of 1975. Petitioner Sheo Nandan Sahu, who was not a party to the said decree, filed an objection under Section 47 of the Code of Civil Procedure but the same was dismissed. Subsequently he filed Title Suit No. 14 of 1979 for declaring the said decree as not binding on him but he lost this suit also upto the stage of this Court, Ultimately delivery of possession was given to the said opposite party No. 2 through the processes of the Court in presence of a Magistrate on 19 -6 -1980. On the same evening, however, this petitioner and one Dwarika Sahu made forceful entry into the said portion of the building after breaking open the lock in the absence of opposite party No. 2 and started living therein. Opposite party No. 2 lodged information with the police and eventually petitioner Sheo Nandan Sahu and Dwarika Sahu were prosecuted for an offence punishable under Section 457 of the Indian Penal Code Ultimately, the Trial Court convicted both of them under Section 456 of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for one year each. Both these convicted persons preferred separate criminal appeals before the learned Judicial Commissioner, Ranchi, which were numbered as Criminal Appeal No. 71 of 1982 and 79 of 1982. Both these appeals were heard together by the IInd Additional Judicial Commissioner of Ranchi who dismissed both the appeals by his judgment dated 26th of March, 1985. Both these convicted persons have preferred separate criminal revisions in this court which have been numbered as Cr. Revision Nos. 120 and 125 of 1985. These two revision applications have been admitted by this Court only on the question of sentence which would indicate that their conviction has been upheld by this Court and revision applications stand dismissed so far they relate to their conviction. The only question which now remains to be decided in these revision applications is the question of sentence.

(3.) It is said that Dwarika Sahu vacated the house while this appeal was still pending before the learned Additional Judicial Commissioner and so that was the end of the matter so far he is concerned.