KARTIK MAHTO Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) This petition has been filed for quashing the order dated 22.9.2005 passed by learned Additional Sessions Judge, Fast Track Court, Deoghar in Cr. Revision No. 106 of 2003, whereby judgment dated 16.8.2003 passed by learned Executive Magistrate, Madhupur in Cr. Misc. No. 19 of 1996 has been set aside. The petitioner was the first party, whereas O.P. Nos. 2 to 5 were second party before the Executive Magistrate in Cr. Misc. No. 19 of 1996. On the basis of police report, a proceeding under Section 144 Cr.P.C. was initiated on a piece of land, measuring an area of 12 decimals under Dag No. 130, Jamabandi No. 11, Mouza-Dhanpalashi within the district of Deoghar.

(2.) Both the parties, after service of notice, appeared before the Executive Magistrate and filed their respective show cause. Since both the parties had been claiming their possession over the disputed land, the proceeding was converted under Section 145 Cr.P.C. vide order dated 4.9.1992. After conversion of the proceeding under Section 145 Cr.P.C. the parties had put their appearance and filed their respective written statement and led evidence. After hearing the parties and considering documents and evidence on record, learned Executive Magistrate has passed order dated 16.8.2003 under Section 145(4) Cr.P.C. in favour of petitioner-first party.

(3.) The aforesaid order was challenged by the opposite/second party before the learned Additional Sessions Judge vide Criminal Revision No. 106 of 2003. The learned Additional Sessions Judge by order dated 22.9.2005 passed in Cr. Revision No. 106 of 2003, has set aside the order dated 16.8.2003 passed in Cr. Misc. No. 19 of 1996 and hence this Cr.M.P.