Rongon Mukhopadhyay, J. - (1.) Heard learned counsel for the petitioners and learned counsel for the State. No one appears for the opposite party no. 2 inspite of the fact that notice had been served validly upon him.
(2.) In the present application the petitioner has challenged the order dated 04.09.2012 passed by the learned Sub Divisional Magistrate, Barhi, Hazaribagh in Case No. 13/12 whereby and whereunder a proceeding u/s 145 Cr.P.C. was initiated over a land measuring 0.41 decimal under Khata No. 44, plot no. 899 situated at Mouza Chauparan, P.S. Chauparan, Distt. Hazaribagh. It has further directed to maintain status quo over the land in question.
(3.) It appears that in the year 2012 itself at the instance of the father of the o.p. No. 2 herein a proceeding u/s 144 Cr.P.C. was initiated against the petitioner before the learned Sub Divisional Magistrate, Barhi, Hazaribagh with respect to the same plot of land and the said case being complaint case no. 60/12 was disposed of vide order dated 16.08.2012 and rule was made absolute against the first party, father of the opposite party no. 2 herein. Immediately after termination of the aforementioned proceeding u/s 144 Cr.P.C. an application was filed by the opposite party no. 2 before the learned Sub Divisional Magistrate Barhi, Hazaribagh for initiation of a proceeding u/s 145 Cr.P.C. and on the said application which was filed on 04.09.2012 notices were issued after the proceeding was initiated and order was passed to maintain status quo .;