ANANT SAHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order dated 30.7,2001 whereby and whereunder the learned S.D.M. Rajmahal initiated a proceeding under Section 145 Cr PC in connection with Cr. Misc. No. 435 of 2000 by which the 1st party was directed to produce the witnesses.

(2.) LEARNED counsel for the petitioners at the very outset submitted that the proceeding was already initiated earlier according to the Santhal Parganas Tenancy Act under Section 42 by which the S.D.M. passed the order earlier finding the possession of the petitioners as well as the deed was found to be genuine on the basis of which the petitioners are claiming their title and possession both over the land in question and thereafter the opposite parties preferred appeal which was also dismissed by the Deputy Commissioner affirming the finding of the S.D.M. Again the opposite party preferred a revision before the learned Commissioner which was also dismissed. Thereafter the opposite party preferred a writ petition being C.W.J.C. No. 580 of 1992 in the High Court of Judicature at Patna whereby the case was remanded back to the Commissioner for consideration afresh and pass order in accordance with law.

(3.) ON the other hand the learned counsel appearing on behalf of the opposite party contended before me that Patna High Court has already remitted the case to the Commissioner after setting aside the order and the case was remitted on the ground that the Commissioner has not considered the validity/genuinity of the sale deed and only on this score, the matter was remitted back to the Commissioner for fresh decision.