DHUPAL MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) .The instant Criminal application under section 482 of the Cr.P.C. filed by the petitioners for quashing the order dated 10.1.2005 passed by Sri Rajesh Kumar Vaish, VIth Additional Sessions Judge, Hazaribagh in Criminal Revision No.94 / 2002 affirming the order dated 20.3.2002 passed by Sri Jagdeo Kumar Oraon, Executive Magistrate, Barhi in case No.46/96 corresponding to T.R. No.19 of 2002.

(2.) BRIEF facts of the instant case is that on a police report dated 22.7.96 forwarded to the court of Executive Magistrate, Barhi District Hazaribagh on which a proceeding under section 144 Cr.P.C. was stated against both the parties in which state was also the first party and upon receiving notice the parties concerned appeared and filed their respective show cause and both the parties had claimed their possession upon the disputed land. The said proceeding was converted into a proceeding under section 145 Cr.P.C. on 28.9.96. and as such a fresh notice under section 145 Cr.P.C. was also issued and served upon the parties to file their respective written statement, document if any and adduced evidence in respect their claim regarding the actual possession over the land in dispute. The Petitioners adopted their show cause filed earlier in the proceeding under section 144 Cr.P.C. and in addition to it, additional written statements was also filed. The opposite party has also filed their written statements. Both the parties adduced oral and documentary evidence and claim their possession over the land in dispute. The trial court after hearing all the parties at length and after considering oral and documentary evidence available on record, has come to the conclusion that the second party (first set) who is the opposite party nos.2 to 8 are in possession over the disputed land in question and directed the second party -second set the present petitioner not to disturb the peaceful possession of the first set. It has further observed that party aggrieved can go to the civil court.

(3.) THE petitioners have filed this quashing application under section 482 Cr.P.C. against the order passed in Criminal Revision No. 94 of 2002. Thus, it is very clear as no second revision is provided under the Code of Criminal Procedure the petitioners has availed the benefit of second revision in grab of 482 Cr.P.C. But it is well settled that the inherent power under section 482 Cr.P.C. can not be invoked for doing some thing which has been specifically barred by the legislature. 2005(2) SCC 571 and submits that the High Court can entertain a petition under section 482 Cr.P.C. when there is serious miscarriage of justice and abuse of the process of the court. 6. In my view when the petitioners have already availed the scope of 397 Cr.P.C. i.e. revisional scope and both the court below after considering the case of the petitioners and considering the material available on record and evidence adduce by the parties, confirmed the possession of the first set - second party who are opposite party nos.2 to 8 in the present revision, it will not be proper to interfere in this case. The inherent power under section 482 Cr.P.C. has to be exercise sparingly and such power shall not be utilized as a substitute for second revision. The inherent power is to be used only in cases when there is serious miscarriage of justice or where interference is absolutely necessary for securing the ends of justice. 7. I find there is no serious miscarriage of justice in both the orders of the courts below. Moreover, the trial court has already given an observation that the party aggrieved can go to the civil court. 8. Therefore, I am not inclined to interfere with the order impugned. Accordingly, the quashing application is dismissed.