ZAHIRUDDIN ANSARI @ MD ZAHIRUDDIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for the opposite party No.2.

(2.) This application has been filed for quashing the order dated 12.12.2007 passed by Sri Vinay Kumar, learned Executive Magistrate, Sadar, Ranchi, in M. Case No.1564 of 2007, whereby, in a proceeding under Section 145 of the Cr.P.C., the learned Executive Magistrate has decided the possession of the opposite party No.2 over the land and house in dispute. The petitioners have also challenged the order dated 18.2.2010 passed by the learned First Additional Judicial Commissioner, Ranchi, in Cr. Revision No.06 of 2008, whereby, the revision filed against the aforesaid order dated 12.12.2007 was dismissed by the Revisional Court below.

(3.) The impugned order dated 12.12.2007 passed by the learned Executive Magistrate, in M. Case No.1564 of 2007 shows that there was dispute between both the parties regarding the land and house upon Plot No.498, Khata No.213 measuring 106 Kari, situated in Village Doranda at Ranchi. The impugned order further shows that the opposite party No.2 was the first party in the said proceeding under Section 145 of the Cr.P.C., whereas the petitioners were the second party therein. The order shows that both the parties entered into the evidence and upon appraisal of the evidence on record, the learned Executive Magistrate has come to a finding that the first party was in possession of the house and land in dispute from the period much before the initiation of the proceeding, and the second party had failed to prove the possession over the same. The learned Executive Magistrate, accordingly, confirmed the possession of the first party over the house and land in dispute, prohibiting the second party from interfering into the peaceful possession of the first party, until any contrary decision of the Competent Court.