MANSUKH RAM Vs. STATE

JUDGEMENT

(1.) THIS is an application-in-revision by Mansukh Ram against the judgment of the Session Judge, Jhunjhunu, dated 3rd September, 1975, whereby the order of the Sub-Divisional Magistrate, Jhunjhunu, dated 9th June, 1975, declaring that he had no jurisdiction to continue the proceedings under Section 145, Criminal P. C after passing an order of attachment under Section 146 (1), Criminal P. C. on. the ground of emergency, was set aside and the case was sent back to him for inquiry into the actual possession over the land in dispute on the basis of documentary and other evidence that may be adduced by the parties.

(2.) THE relevant facts giving rise to this revision-petition may be briefly stated as under:

(3.) ON 20th July, 1974, Mansukh Ram son of Nopa Rain Jat resident of village Nanag lodged a written report with the Station House Officer, Jhunjhunu. It was stated in the report that Ganesha Ram wanted to dispossess Nopa Ram from agricultural land bearing Khasra Nos. 3 and 169 situated at the outskirts of village Nanag, over which the latter's father had Khatedari rights. Ganesha Ram instituted a case against Nopa Ram on the basis of a fictitious gift-deed in the court of the Sub-Divisional Officer, Jhunjhunu, The Sub-Divisional Officer passed an order restraining both the parties from cultivating the land in dispute. In spite of that order, Ganesha Ram accompanied by Mam Chand, Om Prakash, Hanuman and 15 or 20 other persons entered into the land for ploughing it. As there was apprehension of breach of the peace, Nopa Ram requested the Station House Officer to prevent Ganesha Ram and his party from causing breach of the peace and from forcibly ousting him from peaceful possession of his land. The Station House Officer made an inquiry into the matter and made a report to the Sub-Divisional Magistrate, Jlhunjhusiu, for initiating proceedings against Ganesha Ram, Om Prakash, Hanuman and Mam Chand under Sections 107 and 116, Criminal P. C. The Sub-Divisional Magistrate converted the proceedings under Section 107, Criminal P. C. into one under Section 145, Criminal P. C. As he was satisfied upon police report and the application filed by Mansukh Ram on 26th July, 1974, that there was a dispute likely to cause breach of the peace between the parties concerning Khasra Nos. 3 and 169, measuring 9 Bighas and 5 Biswas and 8 Bighas and 15 Biswas oi land respectively, the Sub-Divisional Magistrate passed a preliminary order in the case on 9th June, 1975, requiring the parties concerned in the dispute to attend his Court and to put in written statements of their respective claims as respects-the fact of actual possession of the land in dispute. The Sub-Divisional Magistrate, while passing the preliminary order under Sub-section (1) of Section 145, new Criminal Procedure Code, considered the case to be one of emergency, so he attached the land under Sub-section (1) of Section 146, new Criminal P. C. and proceeded to hold an inquiry into possession. Aggrieved by this order, Ganesha Ram went in revision to the court of' the Sessions Judge, 'jhunjhunu. The learned Sessions Judge heard the parties and modified the order of the Sub-Divisional Magistrate and sent the case back to him with a direction to make an inquiry into the matter and to decide as to which party was in possession of the land in dispute at the date of the preliminary order or within two months next before it. As against this order, Mansukh Ram has come up in revision-petition to this Court.