D.K. Sinha, J. - (1.) The petitioner has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure for the quashment of the order dated 22.06.2007 passed by the Judicial Commissioner, Ranchi in Cr. Revision No.93 of 2007 as also the order dated 19.04.2007 passed by Smt. Sangita Lal, Executive Magistrate, Ranchi in case No. M 582 of 2004 by which the petitioner was directed not to make any obstruction on the movement of Opposite Parties during pendency of the proceeding under Section 147 of the Code of Criminal Procedure.
(2.) A proceeding under Section 144 Code of Criminal Procedure was drawn by the Sub-Divisional Magistrate, Sadar, Ranchi on 17.03.2004 pursuant to the report submitted by the Officer-in-Charge of Kanke Police Station vide non-F.I.R. No.04/2004 with respect to the imminent apprehension of breach of piece on Plot No.145/B Khata No.129 in C/2 Veterinary Link Road situated in Kanke. The petitioner Birsa Agircultural University in their causes shown pleaded that the proceeding initiated under Section 144 Cr.P.C. over the link road Kanke was wholly misconceived, as such, it was liable to be dropped, yet, the S.D.M., Sadar, Ranchi by the order dated 15.05.2004 observed that the matter could not be decided in a proceeding under Section 144 of the Code of Criminal Procedure, accordingly, by the said order converted the proceeding under Section 144 of the Code of Criminal Procedure into one under Section 147 of he Code of Criminal Procedure directing both the contesting parties in the proceeding to file their written statements. The petition filed on 28.09.2004 is the written statement stating therein that if the proceeding under Section 147 of the Code of Criminal Procedure was not maintainable as there was no scope to proceed, the proceeding continued for long and by the order dated 16.05.2005 further opportunity was given to the Opposite Party No.2, 3 and 4 for filing their written statement and in spite of several adjournments, they did not file their written statement and ultimately the learned S.D.M., Ranchi by the order dated 05.07.2005 called upon the petitioner to adduce evidence. The proceeding continued for one more year and on 17.04.2006 a request was made in writing by the first party/Opposite Party Nos. 2 to 4 herein that the causes shown by them in the proceeding under Section 144 Code of Criminal Procedure may be treated as their written statement in respect of the proceeding under Section 147 of the Code of Criminal Procedure.
(3.) On 14.07.2006 the first party/Opposite Party Nos. 2 to 4 filed a petition before the learned S.D.M., Ranchi with the request to restrain the petitioner in using the disputed land to which a rejoinder was filed by the petitioner and ultimately by the order dated 19.04.2007 the learned Executive Magistrate, Sadar, Ranchi directed the petitioner not to put any obstruction over the land in question till final decision in the proceeding under Section 147 of the Code of Criminal Procedure which is the order impugned and having been aggrieved by such order, the petitioner invoked the inherent jurisdiction of this Court.;