RAKESH RANJAN SAHAY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two of the members of the second party to a proceeding under Section 145, Cr PC pending before the Sub- Divisional Magistrate, Paliganj, being Case No. 332(M) of 2003 have prayed for the quashing of the entire proceeding under Section 145, Cr PC including the order dated 15.3.2007 passed therein by the Sub-Divisional Magistrate whereby the Anchal Adhikari, Dulhin Bazar, has been appointed as the Receiver of the lands in dispute with directions to him to get the crops planted thereupon harvested, auction sold and to deposit the sale proceeds in the Anchal Nazarat.

(2.) The bone of contention appears to be 33 decimals and 72 decimals of lands appearing to Khata No. 33, Plot Nos. 578 and 579 respectively of Village-Bhalua Bhagwan in the District of Patna.

(3.) The proceedings appear to have been initiated at the instance of Jai Govind Singh, impleaded herein as O.P.No. 2, who laid claim over the lands in dispute on the basis of Hukumnama. The second party, in pursuance of the notice appeared and filed a show cause inter alia stating that a Title Suit No. 526 of 1986 in respect of the said lands had already been decided in his favour and that a First Appeal against the judgment and decree by the first party was pending before the High Court and that an earlier proceeding under Section 145, Cr PC had been decided/dropped in his favour. On the aforesaid premise a prayer was made to drop the proceeding.