SK. HIRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioners and learned counsel for the State.

(2.) It appears that the Police initiated a proceeding under Sec. 144 of the Code of Criminal Procedure on the basis of a complaint lodged by the opposite parties, which was later on converted under Sec. 145 of the Code of Criminal Procedure by the Sub-Divisional Magistrate, Seraikella. The said proceeding was transferred to the Court of the Executive Magistrate, Seraikella. The learned Executive Magistrate vide its order dated 21.06.2011, decided the matter and has held that the opposite parties are in possession over the land in question.

(3.) Being aggrieved by the order dated 21.06.2011, passed by the learned Executive Magistrate, Seraikella in Misc. Case No. 244 of 2003, the petitioners had preferred a criminal revision bearing Cr. Revision No. 35 of 2011. The learned Revisional Court (Addl. Sessions Judge-III, Seraikella-Kharsawan), after taking into consideration the documents available on the records and the argument advanced, has upheld the order of the Executive Magistrate, passed in Misc. Case No. 244/2003, holding that the opposite parties are in possession of the land in question.