SURENDRA PRASAD VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 28.4.1998 passed by the 1st Additional District and Sessions Judge, Khagaria in Criminal Revision No. 132/97 by which he was pleased to allow the Petition setting aside a proceeding under section 145 of the Code of Criminal Procedure (in short 'the Code ') initiated as also the order of attachment of the disputed land under section 146 (1) of the Code by the learned Sub Divisional Magistrate, Khagaria.

(2.) THE case of the petitioner is that his grand -father late Mangal Sah purchased the land in dispute from one Md. Siddiquee and Md. Bashir on 30.10.1944 and since then his ancestors have been coming in peaceful possession as the land -owner.

(3.) ON 2.8.1997 the learned Sub Divisional Magistrate, Gogri found emergent land (sic ''law ?) and order situation between the two parties and was pleased to attach the land in dispute appointing Anchal Adhikari as receiver as per the provision of section 146 (1) of the Code. He found that there was likelihood of breach of peace between the two parties at the time of order of attachment and also ordered both the parties to file their respective written statements by 12.8.1997.