SATYANARAYAN DAS AND ORS. Vs. STATE AND ANR.

JUDGEMENT

(1.) This application has been filed for quashing the order dated 4.12.1999, whereby and whereunder the learned Executive Magistrate, Godda passed the order attaching the entire lands of the petitioners under Sec. 146(i) of the Code of Criminal Procedure in connection with Criminal Case No. 500/1999 relating to T.R. Case No. 214/2000 and also prayed for quashing the entire proceedings initiated under Sec. 145(5) of the Code of Criminal Procedure.

(2.) Today, one supplementary affidavit has also been filed annexing the copy of the plaint of Title Suit No. 28/94 and also copy of the other papers relating to the report of Anchal Adhikari.

(3.) The learned counsel appealing on behalf of the petitioner submitted that the order has been passed by the Court, below illegally attaching the lands in question without applying his mind as there is no breach of peace at the spot which will be evident from the report of the Anchal Adhikari as well who recommended and found that there is no breach of peace at the spot. It is further submitted that the title suit is already pending in respect of the paid land and so the proceedings under Sec. 145 should not run or continue simultaneously when the title suit in respect of the same land is pending before the court below.