M.Y.EQBAL, J. - (1.) IN the instant application under Section 482 Cr. P.C. the petitioners have prayed for quashing the order dated 7.2.2002 passed by the Additional Sessions Judge, Pakur in Criminal Revision No. 71/33 of 2000 whereby he has set aside the order dated 2.6.2000 passed by the Executive Magistrate, Pakur in Criminal Miscellaneous Case No. 625 of 1992 declaring possession of the petitioners under Section 145 Cr.P.C. and remanded the matter for passing fresh order.
(2.) THE land in dispute is situated in Mauza Satrukhi bearing Khesra No. 177, Zamabandi No. 133 measuring total area of 21 Bigha, 12 Katha and 11 Dhurs. The disputed land was recorded as "Anabadi'. Subsequently because of diversion of direction of the river, the land became agricultural land and some part of the land was said to have been settled with different persons by the Sub Divisional Officer, Pakur in the year 1980 -81. The petitioner's case is that the land in dispute was purchased from the settlee by registered sale deed and delivery of possession was effected. On the other hand the case of the opposite parties is that portion of the land was settled in their favour by the Sub Divisional Officer, Pakur in 1985 and subsequently possession was delivered in their favour. In 1992 a proceeding under Section 144 Cr. P.C. was initiated in the Court of Sub Divisional Officer, Pakur being Criminal Miscellaneous No. 244 of 1992 at the instance of the opposite party and the same was decided in favour of the petitioner vide order dated 10.8.1992. Subsequently proceeding under Section 145 Cr.P.C., was initiated on the application of the opposite parties being Criminal Miscellaneous Case No. 625 of 1992 and the Executive Magistrate by order dated 2.6.2000 declared possession in favour of the petitioners. The said order dated 2.6.2000 was challenged by the opposite parties by filing Criminal Revision being Criminal Revision No. 71/33 of 2000. The Additional Sessions Judge by order dated 7.2.2002 set aside the order dated 2.6.2000 passed by the Executive Magistrate and remanded the matter for fresh order. The order dated 7.2.2002 passed by the Additional Sessions Judge is the subject matter of this application under Section 482 Cr.P.C.
(3.) THE Additional Sessions Judge set aside the order of the Executive Magistrate on the sole ground that procedure of Section 145(4) Cr. P.C. has not been strictly complied with. In other words the Magistrate has not in express word held as to which party was in possession at the date when proceeding under Section 145 was initiated.;