SHAMBHU BHOKTA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant criminal revision is directed against the order dtd. 16/2/2010 passed by learned Sessions Judge, Deoghar in Criminal Revision No. 151 of 2005, whereby the order passed by the learned Executive Magistrate dtd. 6/10/2005 in a proceeding under Sec. 145 of the Cr.P.C. declaring the possession of the petitioners (Second Party) in Misc. Case No. 11/2005 has been set aside and revision was allowed.

(3.) Factual matrix giving rise to this revision arises out of proceeding initiated under Sec. 144 of the Cr.P.C. on 7/9/1983 on the basis of non-FIR Report No. 37 of 1983 of Palajori P.S., whereby learned SDM restricted both the parties from going over the land in proceeding with a view to prevent the eminent breach of peace due to land dispute between the parties pertaining to Dag No. 476, Area ' 13 Acres 36 decimals situated in Mouza ' Dhiba, P.S. 'Sarath, District ' Deoghar. Later on, the proceeding was converted into proceeding under Sec. 145 of the Cr.P.C. vide order dtd. 31/10/1983 and notices were issued to the parties. Both the parties have filed their respective show cause reply and also adduced evidence showing their respective possession over the land under proceeding.