SHYAM SUNDAT SHARMA Vs. MANI SHARMA
LAWS(PAT)-1979-8-17
HIGH COURT OF PATNA
Decided on August 02,1979

SHYAM SUNDAT SHARMA Appellant
VERSUS
MANI SHARMA Respondents


Referred Judgements :-

SMT.RADHA DEVI V. MANI PRASAD SINGH AND ANOTHER [REFERRED TO]


JUDGEMENT

Chaudhary Sia Saran Sinha, J. - (1.)This criminal revision is directed against the order dated 13th March, 1978, passed by an Executive Magistrate of Jehanabad, named Shri G. P. Singh, in proceeding under section 145 of the Code of Criminal Procedure, 1898, (hereinafter referred to as "the Code"). The petitioners of this criminal revision were the first party and some of the members of the opposite party were the second party, the rest being third party.
(2.)Undisputably, this proceeding under section 145 of the Code was drawn up on the 19th of November, 1973, in respect of several plots comprised in several khatas all bearing an area of 11 acres 84 decimals, situated in village Jhunathi, police station Karpi, in the district of Gaya.
(3.)In view cf the limited contentions raised before this Court it may not be necessary to give details of the respective cases of the parties set up in the said proceedings and it would suffice to say that this proceeding was earlier decided ex pane against the first party (petitioners) on 24th February, 1976. Being aggrieved, the first (petitioners) took up the matter to this court in Criminal Revision No. 523 of 1976 which was decided by a learned Single Judge of this Court on 10th October, 1977. For reasons stated in the judgment of this Court, the impugned order dated 24th February, 1976, was set aside and the case was remanded with the following orders : -
"I, therefore, set aside the order of the learned Magistrate dated 24.2.76 and remand the case to the file of the Subdivisional Magistrate, Jehanabad. The learned Subdivisional Magistrate will give opportunity to the members of the first party and the third party to file their written statement, affidavits and documents. After the filing of all those papers, the learned Subdivisional Magistrate will fix a date for argument and after hearing the same, he will pass necessary orders in accordance with law........."



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