BALI PURAN Vs. SAHEBA PURAN

JUDGEMENT

(1.) THE petitioners in this application have prayed for quashing the entire criminal proceedings pending against them in the court of the Subdivisional Magistrate, Bundu, Ranchi, in Misc. Petition No. MP.6/06/M -92 of 2006 as also the order dated 3.11.2006 passed in the case by the learned court below whereby direction was issued to the officer in charge Arki PS, to auction sell the standing paddy crops over the disputed land.

(2.) THE main ground on which the continuance of the proceeding as also the order dated 3.11.2006 has been challenged is that the learned court below has failed to apply judicial mind and has, in fact, exceeded its jurisdiction in initiating the proceedings and passing the aforesaid impugned order without considering the fact that earlier for the same disputed land, two separate proceedings, under Section 144 Cr.P.C. were initiated and were decided in favour of the present petitioners and against the respondents.

(3.) THE facts of the case, briefly stated, is that a petition was filed on behalf of the respondents registered as M. No. 92 of 2006 before the Sub Divisional Magistrate, Bundu, Ranchi under Section 145 Cr.P.C. on 23.3.2006. The learned court below called for a report from the concerned police station. After receipt of the police report, the learned court below by order dated 24.5.2006, initiated proceedings under Section 145(1) Cr.P.C. against both the parties calling upon them to appear and submit their respective written statements. The issue raised by the respondents/first party was in respect of the land measuring an area of 13.35 acres under khata Nos. 25, 26, 33,76, 97 and 101 situated at village Kujiyamba, within the district of Ranchi. Service report of the notice issued by the learned court against the petitioners/second party was not received till 20.6.2006. However, a report was received by the learned court below on 29.6.2006 suggesting that the noticee refused to accept the notice. The petitioners/second party, however, appeared before the learned court below on 19.9.2006. An earlier petition filed in the proceeding by the respondents/first party for passing an order of attachment of the land in dispute, under Section 146 Cr.P.C. was rejected by the learned court below by order dated 19.9.2006 with a direction to put up the case on 11.11.2006.