JUGAL DANGI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Initially this writ application was filed for quashing the entire criminal proceeding of Case No. 125 of 2008 and also Case No. 548 of 2008 initiated under Sections 144 and 107 of the Code of Criminal Procedure respectively by the Sub-Divisional Magistrate, Chatra against the petitioner and his family members and also for quashing of the entire proceeding of Itkhori Police Station Case No. 195 of 2008 instituted under Sections 147, 353 and 504 of the Indian Penal Code against the petitioner and his family members.

(2.) Subsequently prayer was made by way of interlocutory application for quashing the order dated 14.2.2009 under which the said proceeding initiated under Section 144 of the Code of Criminal Procedure was converted into a proceeding under Section 145 of the Code of Criminal Procedure.

(3.) It is the case of the petitioner that the petitioner was settled with a land measuring 2 acres appertaining to khata no. 227, plot no. 828 at Village-Gidhore, Police Station-ltkhori, District-Chatra by the Circle Officer, Itkhori in the year 1991. On settlement, the rents were being paid for which rent receipts were granted and the petitioner came in peaceful possession of the land but in course of time, respondent no. 7, Diliya Devi started attempting to disturb the possession of the petitioner from some portion of the aforesaid land measuring 1.20 acres. Thereupon, the petitioner filed a Title Suit No. 7 of 1999 in the Court of Munsif, Chatra against the respondent nos. 7 to 11 for declaring his right, title and interest and also for confirmation of the possession with respect to the aforesaid land including 1.20 acres of the land. The respondents 7 to 11 contested the suit. However, the suit was decreed on 20.8.2001 in favour of the petitioner by declaring his right, title, interest and also confirming the possession over the said lands. Appeal being preferred by the respondents 7 to 11, vide Title Appeal No. 38 of 2001 got dismissed on 3.2.2003. Against the judgment dismissing the appeal, second appeal was preferred before this Court, vide S.A. No. 200 of 2003 which also got dismissed on 14.7.2004 wherein right, title, interest and possession of the petitioner was affirmed by this Court.