MOST TARA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The first party to a proceeding under Sections 144/145, Cr PC, being Case No. 140(M) of 2000 has filed this application for quashing of the order dated 19.7.2006 passed by the learned Presiding Judge, Fast Track Court No. III, Supaul, in Criminal Revision No. 28 of 2004, whereby he has set aside the order dated 29.1.2004 passed by the Sub-Divisional Magistrate, Supaul, in the said proceeding and has remitted the case back to the Magistrate to be tried and disposed of in accordance with law laid down in Section 145, Cr PC.

(2.) The petitioner herein submitted an application before the Officer-in-charge, Supaul P.S. alleging that O.P. No. 2 and his associates were adamant in raising walls towards 2 dhoors of land of the petitioner appertaining to khata No. 235, old plot No.4173, new plot No. 2290. The local police having looked into the matter recommended for initiating a proceeding under Section 144, Cr PC and accordingly the proceeding was initiated against O.P. No. 2 who was noticed to show cause. After appearance of O.P. No. 2 and considering his show cause the proceeding under Section 144, Cr PC was converted into one under Section 145, Cr PC on 25.7.2000. The learned Magistrate having considered all the materials available on record including the documentary evidence adduced by the parties declared possession of the petitioner over the lands in dispute by his order dated 29.1.2004 and directed for removal of the wall.

(3.) Aggrieved by the said order, O.P.No. 2 herein preferred Cr. Revision No. 28 of 2004 before the Sessions Court and during the pendency thereof also filed Title Suit No. 6 of 2004 before Munsif, Supaul, for declaration of his right and title over the disputed lands. Although the fact of pendency of the title suit was brought to the notice of the learned Presiding Judge, he allowed the revision and set aside the order of the Magistrate and remitted the case back to the Magistrate in terms mentioned above.