- (1.) HEARD the learned counsel for the parties.
(2.) THE present application is directed against the order dated 25.7.2001 passed by the Additional Sessions Judge, Pakur in Cr. Revision no. 17/90 by which the learned Revisional Court, set aside the order dated 19.12.1989 passed by the Executive Magistrate, Pakur in T.R. no. 5/1989 in a proceeding under Section 145 Cr.P.C., declaring the possession of the second party i.e. the petitioner in the present application with respect to the lands under the proceeding. It is not necessary to state the respective cases of the parties in detail, suffice is to say that a proceeding under section 145 Cr.P.C. was initiated at the instance of the opposite parties with respect to Jamabandi no. 9 of village Dhawapahari area 34 -7 -5, Jamabandi no. 3 of village Dungi Barmasia area 13 -12 -5 and Jamabandi no. 3 of village Dhawa Dangal area 3 -6 -10.
(3.) THE learned Executive Magistrate by order dated 19.12.1989 after considering the respective cases of the parties and on considering of the oral and documentary evidence adduced on behalf of the parties, declared possession of the second party with respect of the lands under the proceeding.;