BAIKUNTH RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD the parties.

(2.) A proceeding under Section 144 Cr.P.C. was initiated in between the petitioners and respondent nos. 7 to 9 with respect to a land, appertaining to Plot No. 183/1023 under Khata No. 7 of Village - Muramkala, Police Station and District Ramgarh, whereby, both the parties were restrained from going over the land, in dispute, but subsequently on 30.7.2007, the Sub Divisional Magistrate, Ramgarh passed a final order, whereby restrainment order passed against the first partyrespondent nos. 7 to 9, was vacated whereas, it was made absolute so far as the petitioners are concerned. Against that order, the petitioners preferred a criminal revision application before the Sessions Judge, Hazaribagh vide Cr. Revision No. 147 of 2007, which was heard on 21.9.2007, whereupon notices were ordered to be issued against the opposite parties and the case was ordered to be put up after appearance of the opposite parties and at the same time, the order was also passed to the effect that no coercive order will be passed or action will be taken against the parties.

(3.) AS against this, learned counsel appearing for the respondent nos. 7 to 9 submits that, in fact, the property, over which proceeding was initiated, belongs to respondent no. 7, as he had purchased the same in his name and also in the name of his brothers - Amlok Singh and Rajendra Singh, who are said to have sold the property to the petitioners, though they had no authority to sell the property and that respondent no. 7 was never out of the possession, rather he had always been in possession from the date, when the property had been purchased by him and that the matter is pending for adjudication before the Sessions Judge, Hazaribagh and, therefore, the petitioners are not entitled to any relief sought for.