ASRAR KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) has been preferred by the petitioner Md. Asrar Khan with the prayer for quashing of the impugned order dated 31.8.2004 passed by the Additional Sessions Judge -I, Sahebganj in Cr. Revision No. 60 of 2003 whereby and whereunder the Revision preferred by the petitioner against the order dated 3.11.2003 of the Sub - Divisional Magistrate, Sahebganj in Cr Misc. No. 221/03 was dismissed confirming the order of the S.D.M. in a proceeding under Section 144/145 Code of Criminal Procedure, in utter violation of the provision of law and in arbitrary manner without giving any finding whatsoever with respect to the possession of either parties.

(2.) THE brief fact of the case is that on the instance of the Opposite Party No. 6, a proceeding was initiated under Section 144 Cr PC by the S.D.M., Sahebganj giving rise to Criminal Misc. Case No. 221/02 -03 and accordingly a notice was served upon the present petitioner/opposite party No. 2 in the proceeding. There was claim and counter -claim by the contesting parties in respect of the disputed shop situated at Mauza Kakrotia appertaining to Jamabandi No. 76 Plot No. 491, Area of Shop measuring 6 ft. 8 inches long and 6 ft. 6 inches wide with the lock on the gate and reasonable apprehension of breach of peace was complained to the S.D.M., Sahebganj on the said shop.

(3.) THE short question for consideration in the present petition under Section 482 Code of Criminal Procedure is that as to whether or not the Sub -Divisional Magistrate can pass order in the manner stated above in the impugned order whereby the petitioner has been directed to open the lock.