PRAYAG SINGH @ JHANJAT SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application under Section 482 of the Code Of Criminal Procedure , has been filed for quashing the entire proceeding of Misc. Case No. 294 of 1992 under Section 144, Cr PC which was subsequently converted into Section 145, Cr PC and attachment order under Section 146, Cr PC vide order dated 23.12.1998 passed by the learned Sub Divisional Judicial Magistrate, Ghatshila.

(2.) FACTS giving rise to the filing of this application are that one proceeding under Section 144, Cr PC was initiated in Khata No. 110, plot No. 478 are 2 decimal and Khata No. Ill plot No. 577 area 5 decimals with following boundaries. East : Indubhushan Chakraborty 'sland and thereafter Omkar Hotel West: 478 plot of Jaiprakash Agrawal; house, North : 480 Vacant land. South : Plot No. 477 and thereafter NH -33. The aforesaid proceeding was started in between the parties on 24.8.1992 but it lost its force on 24 -10.1992 after expiry of sixty days. The case was fixed for filing show -cause on 25.10.1992 but the learned Sub Divisional Judicial Magistrate by order dated 21.10.1992 converted the proceeding under Section 145, Cr PC and it was never put up on 25.10.1002. From the order sheet dated 1.2.1993, the records was to be put up on 15.2.1993 but the same was not put up and after lapse of five years, on 4.12.1998 an order was passed to execute the order dated 16.12.1992 by which fresh notice was to be issued t6 the petitioner for show -cause. It is submitted that there is no apprehension of breach of peace in between the parties. It is also submitted that the petitioner has got right, title and interest over the land in question and she has been in peaceful possession of the land in question and he has purchased the land in question by registered sale deed from the original owner. It was also pointed out that life of a proceeding under Section 144, Cr PC is sixty days only and life of proceeding under Section 145, Cr PC is also to decide only those facts as to who was in possession of the land. The initiation of proceeding under Section 144, Cr PC itself this type of proceeding and litigation should not be allowed to continue for unlimited time.,

(3.) FROM the counter -affidavit filed by the O.P. No. 2, it appears that the petitioner was not a party in the proceeding under Section 144, Cr PC and the petitioner has filed this quashing application concealing material fact. It also appears that the petitioner has no authority to file this quashing application initiated in Misc. Case No. 294 of 1992 because the petitioner was not -a party to the said proceeding and as such, the petitioner has no right to challenge the proceeding or any part of the proceeding and if he has any grievance, he can very well raise these facts before the learned Court below. It further appears that there are plot No. 478 Khata No. 110 measuring 2 decimals belonged to the petitioner as he has purchased the same by way of registered sale deed from erstwhile owner Sitaram Jagatram in the year 1992 and is in possession of the same likewise, plot No. 477 Khata No. 11 measuring 5 decimals belonged to one Indu Bhushan Chakraborty, father of Dipu Chakraborty (opposite party No. 3) who vide agreement transferred the land in question to the deponent and also gave possession to this deponent. It further appears that proceeding under Section 144, Cr PC was initiated between Dipu Chakraborty and O.P. No. 2 and the subject matter which plot No. 477 Khata No. 11 which was later converted into proceeding under Section 145, Cr PC and it is still pending and no final order has been passed in this proceeding and the petitioner is not a party to the said proceeding. It is further stated in the counter -affidavit that there is apprehension of breach of peace between the parties, hence a proceeding under Section 144, Cr PC was initiated on the basis of police report. Further, from annexure -A it appears that there is serious apprehension of breach of peace. It is submitted that O.P. No. 2 has filed a Title Suit No. 65 of 1998 which is still pending in ,the Civil Court, Ghatshila and as there was serious apprehension of breach of peace on 10.12.1998 the petitioner along with others came with deadly weapons and started creating disturbances in the land in question and, the O.P. No. 2 seeing no other alternative, filed a petition under Section 146 of the Code of Criminal Procedure which ultimately converted into a proceeding under Section 145, Cr PC. It is also submitted that a criminal case is pending against the petitioner and the charge -sheet has been submitted under various sections of the Indian Penal Code and, therefore, the petitioner is a dangerous man.