LAWS(PAT)-2011-10-85

MD SAMSUL HODA Vs. STATE OF BIHAR

Decided On October 19, 2011
Md Samsul Hoda Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The petitioner has approached this Court, by filing application under Section 482 of the Code of Criminal Procedure, for quashing the order dated 7.8.1992, passed by the Opposite Party No.6, the Executive Magistrate, Birpur, District-Supaul, in Case No.54 of 1987, under Section 145 of the Code of Criminal Procedurp and also for quashing the order dated 14.9.2005 passed by the Additional Sessions Judge, Supaul, in Criminal Revision No. 124 of 1992, preferred by the petitioner, affirming the order dated 7.8.1992 passed by the Opposite Party No.6, the Executive Magistrate, Birpur, District-Supaul in the aforesaid Case No.54 of 1987.

(2.) In brief, the case is that a proceeding under Section 145 of the Code of Criminal Procedure, numbered as Case No.54 of 1987, was initiated, in which Sekh Manir, the husband of opposite party no.7(A), Bibi Sogra and the father of opposite parties Nos.8 and 9, Sekh Ahshan and Sekh Jabbar respectively, was the first party and Md. Hadish, the father of the petitioner, Md. Samsul Hoda, was the second party, in relation to the land in dispute of Khata No.317, Khesra No.821, measuring an area of 1 acre 79 decimals of village-Kathara. In course of the proceeding, both the parties filed their written statements and also the documentary as well as oral evidence. Taking into consideration of the case of the parties and the evidence as adduced on their behalf, the opposite party no.6, the Executive Magistrate, Birpur, District-Supaul, vide order dated 7.8.1992, declared the possession over the land in dispute in favour of the first party restraining the second party to make wrong attempt to disposses the first party.

(3.) Being aggrieved and dissatisfied with the aforesaid order, the petitioner, Md. Samsul Hoda, son of Late Md. Hadish, First party, filed the Criminal Revision No. 124 of 1992 before the Sessions Judge, Supaul, which was transferred to the court of Additional Sessions Judge, Supaul, who on hearing both the parties dismissed the Criminal Revision vide order dated 14.9.2005, finding no illegality in the order dated 7.8.1992 of the Opposite Party No.6, the Executive Magistrate, Birpur, District- Supaul, in Case No.54 of 1987.