Rongon Mukhopadhyay, J. - (1.) Heard Mr. Prabhat Kumar Sinha, learned counsel for the petitioner, Mrs. Vandana Bharti, learned APP for the State and Mr. Suresh Kumar, learned counsel for the opposite party No. 2.
(2.) In this application, the petitioners have prayed for quashing the order dated 26.8.2009 passed by learned Executive Magistrate, Ramgarh u/s 146(1) Cr.P.C. for attachment of land under dispute till disposal of the proceeding in Case No. 25/2009 filed u/s 145 Cr.P.C. (Code of Criminal Procedure). A further prayer has been made for quashing the order dated 28.8.2010 passed by learned Sessions Judge, Hazaribagh in Criminal Revision No. 227 of 2009 by which order dated 26.8.2009 passed by the learned Executive Magistrate, Ramgarh has been affirmed.
(3.) At the instance of the opposite party No. 2, a case was registered u/s 145 Cr.P.C. being Case No. 25 of 2009 against the petitioner. On 25.5.2009, an order was passed by the learned Sub Divisional Magistrate, Ramgarh directing both the parties to file their respective written statements along with documents with respect to their claim over the land in dispute. It appears that subsequent to the filing of the written statement by the opposite party No. 2/ applicant u/s 146(1) Cr.P.C. and rejoinder thereto by the second party/ petitioners and after hearing the parties, the learned Executive Magistrate, Ramgarh has passed order dated 26.8.2009 directing for attachment of the land in dispute in connection with Case No. 25 of 2009. A revision was preferred against the order dated 26.8.2009 passed by the learned Executive Magistrate, Ramgarh being Criminal Revision No. 227 of 2009 which was also dismissed vide order dated 28.8.2010.;