BISHWANATH SAH @ MANDAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) IN this application the petitioners have prayed for quashing of the order dated 3rd July, 2002 passed by the 1st Additional Sessions Judge, Godda in Criminal Revision No. 12 of 2002 whereby the learned Additional Sessions Judge, set aside the order dated 17 -1 -2002 passed by the S.D.M., Godda in T.R. Case No. 4 of 2001.

(3.) ON 7 -7 -2001, an application was filed by the Second Party -Petitioners to drop the proceeding on the grounds mentioned in their application. The First Party -Opposite Parties filed rejoinder objecting to the petition filed by the Second Party -Petitioners for dropping the proceeding. The learned S.D.M., Godda after hearing the parties, by an order dated 17 -1 -2002 held that after the death of Jamabandi Raiyat Baijnath Mandat, all his movable and immovable properties were inherited by his widow and during the 'Khanapuri' in place of the name of Jamabandi Raiyat Baijnath Mandal, the name of his widow Deepavali was recorded which was confirmed in appeal by the Charge Officer, Dumka also by order dated 7 -5 -1997. Since the final order was already passed by the Settlement Court with respect to the land dispute, which has the force of a decree of a civil Court and, therefore, the proceeding under Section 145 Cr. P.C. was not maintainable and, as such, he further held that from the report of the Executive Magistrate and Circle Officer, Godda, it was established that the members of the Second Party -Petitioners were in possession of the lands in dispute even since prior to initiation of the proceeding under Section 145 Cr. P.C. and thereby dropped the proceeding under Section 145 Cr. P.C.