AMIT CHOUDHARY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and also learned counsel appearing for the opposite party no.2 as well as learned counsel appearing for the State.

(2.) THIS application has been filed for quashing of the order dated 2.3.2012 passed by the Sub - divisional Magistrate, Saraikella in Misc. Case No.4 of 2012 whereby and whereunder a 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.) IN that case, a counter affidavit was filed stating therein that possession has already been taken of those shops and retail outlet. That claim was laid on the basis of documents showing taking over possession by the petitioners. This Court taking into account the facts and circumstances of the case vide its order dated 3.2.2012 declined to pass any order in favour of the writ petitioners as the property in question had been allotted to 3rd party. However, before that, an application was filed by the opposite party no.2 (writ petitioner) before the Sub -divisional Magistrate, Saraikella for initiation of a proceeding under Section 144 of the Code of Criminal Procedure. Learned Magistrate called for a police report. Pursuant to that, police submitted its report stating therein that pursuant to order of eviction these petitioners have already taken possession of some parts of the land which was under lease but still the possession of six shops has not been taken over by the petitioners, though the petitioners have been trying hard to take possession over the said shops and on account of that there has been apprehension of breach of peace.