HIRAMANI SHUKLA @ HARIBANSH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and opposite parties. This revision application has been filed by the first party/opposite party against the order dated 2.4.2007 passed by the 2nd Additional Sessions Judge, F.T.C. -III, Daltonganj, Palamau in Criminal Revision No. 105 of 2003 setting aside the orders dated 4.7.2003 and the order dated 28.7.2003 passed by the learned Sub -DivIsional Magistrate, Sadar, Daltonganj in Misc. Case No. 297 of 2003 under Sections 145 and 146(1) of the Code of Criminal Procedure.

(2.) THE short fact, necessary for the present revision application is that on 4.7.2003 the present petitioner who is first party filed an application before the Sub -Divisional Magistrate, Sadar, Daltonganj for initiation of a proceeding under Section 145 Cr.P.C. over the lands in question against the second party (opposite party). In the said petition at para -2 the petitioner has stated: -

(3.) AFTER hearing the matter, the S.D.M. attached the subject matter (lands in question) and appointed the officer -in -charge of Bishrampur Police Station as receiver and directed him to take possession of the same, by his order dated 28.7.2003 under Section 146 of the Cr.P.C.