MOTI RAM Vs. LAXMI NARAYAN JAISHWAL

JUDGEMENT

(1.) PETITIONERS by filing the instant revision application, have challenged the order dated 24,1.1997 passed by the learned Sub -Divisional Magistrate, Chatra in a proceeding under Sec. 145, Cr PC vide case No. 87 of 1995, T.R. No. 55 of 1997, whereby the possession of the opposite -parties No. 1 to 3, who were the members of the first party in the said proceeding, over the disputed land was declared and the present petitioners who were the members of the second party, were restrained from entering into the said land. The dispute between the parties is related to a piece of land measuring 16.64 acres. Both parties have advanced their respective claims of title and possession over the disputed land. A series of litigations in respect of the said land was contested between the parties.

(2.) IN course of inquiry under Sec. 145, Cr PC, both parties were directed to adduce their respective evidences. By the impugned order dated 24.1.1997, the learned Court below passed the final order declaring possession of opposite -party Nos. 1 to 3 over the disputed land.

(3.) LEARNED Counsel for the opposite -parties, on the other hand, while refuting the grounds advanced by the petitioners, submits that it is totally wrong to say that the petitioners were not afforded any opportunity to adduce their evidences. In fact, the petitioners were afforded opportunity and they had availed the said opportunity by adducing documentary evidence on their behalf and since the dispute between the parties relates both to claim of title as well as possession, the learned Court below had rightly proceeded to record its finding on the basis of the documents adduced by both the parties. Learned Counsel while referring to the judgment of Patna High Court, Jhalo Devi and Ors. V/s. Jagannath Mondal, 1998 1 EastCrC(Pat) 414 submits the Magistrate conducting inquiry under Sec. 145, CrPC, need not advert to the oral evidence, if documentary evidences are available on record and is sufficient to decide the issue in the proceeding concerning the dispute between the parties.