DIN DAYAL SINGH Vs. STATE OF JHARKHAND

LAWS(JHAR)-2009-11-210

HIGH COURT OF JHARKHAND

Decided on November 17,2009

DIN DAYAL SINGH Appellant

VERSUS

STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties. The petitioner has challenged the order passed by the First Additional District and Sessions Judge, Gumla in Cr.Revision No.23/96, whereby he has dismissed the revision application and affirmed the order passed by the Executive Magistrate, Gumla declaring possession under Section 145 Cr.P.C. Mr. Roy, in course of argument, submitted that the document of title and possession produced by the petitioner was not considered by the Magistrate. The revisional authority in the order took notice of the impugned order passed by the Magistrate and held that the Magistrate, after considering the evidence both oral and documentary, declared possession of the respondent -opposite party. The power under Section 482 Cr.P.C. is to be exercised by the High Court in very extraordinary circumstances when the Court is satisfied that continuance of the proceeding or the order passed in such proceedings is a misused of the process of court. Section 482 cannot be invoked to scrutinise the evidence and to find out the correctness of the order passed by the Magistrate with regard to title and possession under Section 145 Cr.P.C. Moreover, the better course open to the petitioner is to file a suit for declaration of title and confirmation and/or recovery of possession. The impugned order cannot be quashed in exercise of power under Section 482 Cr.P.C. This application is dismissed. Let it be clarified that the dismissal of this application or any observation made in the order will not in any way prejudice the case of the petitioner.;

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