LAWS(JHAR)-2004-2-78

PRAHALAD RAM Vs. RAJENDRA RAM

Decided On February 18, 2004
PRAHALAD RAM Appellant
V/S
RAJENDRA RAM Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 14.2.2002 passed in criminal revision No. 33 of 1998 whereby and where under the learned 1st Additional District and Sessions Judge, Giridih set aside the order dated 9.1.1998 passed in case No. 4 of 1998 drawing proceeding under Section 145, Cr PC, and attaching the disputed land under Section 146, Cr PC.

(3.) IN the instant case also, as it appears from perusal of the record that proceeding under Section 144, Cr PC, was dropped on 3.1.1998 and soon thereafter drawing of proceeding under Section 145, Cr PC, on 9.1.1998 is bad in law, as per the case law cited on behalf of the petitioner. In that view of the matter, the impugned order dated 9.1.1998 together with the order attaching property and order dated 14.2.2002 passed in criminal revision No. 33 of 1998 are hereby quashed.