Prashant Kumar, J. - (1.) This application has been filed for quashing the order dated 17.12.2003 passed by learned Sessions Judge, Koderma in Criminal Revision No. 77 of 2001, whereby and whereunder, the learned Sessions Judge allowed the revision and set aside the order dated 10.11.2001 passed by learned Sub Divisional Magistrate, Koderma in Case No. 96 of 2000, whereby he dropped the proceeding under Section 145 Cr.P.C. and vacated the order passed under Section 146(1) Cr.P.C.
(2.) The brief fact of this case lies in a narrow compass. It appears that on the behest of opposite parties / 1st party a proceeding under Section 144 Cr.P.C. initiated in connection with the land pertaining to Khata No. 13, Plot No. 106, Area - 1.12 acres, Plot No. 109, Area - 0.71 acres and Plot No. 133, Area - 0.09 acres situated at Village - Barwadih, P.S. - Jainagar, District - Koderma. Later on the said proceeding converted into a proceeding under Section 145 Cr.P.C. It then appears that during the pendency of aforesaid proceeding, learned Sub Divisional Magistrate attached the aforesaid lands vide his order dated 02.10.2001 and appointed Circle Officer, Jainagar as Receiver.
(3.) It further appears that later on petitioners filed an application before the Sub Divisional Magistrate, Koderma, praying therein to drop the proceeding, as one of the member of 1st party (opposite party no. 3) had filed an application before the Sub Divisional Magistrate that the lands are in peaceful possession of petitioners / 2nd parties and the members of 1st parties had no claim over it. It is also stated in the said application that a partition suit is pending in the court of learned Munsiff, Koderma in between petitioners / 2nd parties and husbands of 1st parties. It appears that after considering the arguments of both the parties, the learned Sub Divisional Magistrate, Koderma dropped the proceeding and vacated the order of attachment. It then appears that against the said order, opposite party no. 2 filed the revision in the court of learned Sessions Judge, Koderma, which was allowed by the impugned order. Against that, the present case has been filed.;