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1996 DIGILAW 676 (PAT)

Sadhu Paswan v. State of Bihar

1996-10-07

O.N.ASTHANA

body1996
ORDER This is the criminal Writ filed under Articles 226 and 227 of the Constitution of India where the petitioners pray that in these proceedings under Section 145 Cr.P.C, the learned Magistrate did not give the petitioners an opportunity to give the evidence relating their possession over the land and, thus, the order of the Magistrate and also the judgment and order of the Ist Additional Sessions Judge, Hajipur in criminal revision be quashed, and the Magistrate be directed to give the opportunity to the petitioners to adduce their evidence relating the possession over the land and, thereafter, the Magistrate will be deciding these criminal proceedings under Section 145 Cr.P.C. finally. The learned advocate for the opposite parties pointed out that the order of the Magistrate shows that two advocated Commissioners were appointed by the Magistrate and this land was found to be situate in the village of the opposite parties and not in the village of the petitioners, and finding the entry in consolidation proceedings in favour of the opposite parties, the Magistrate decided the proceedings under Section 145, Cr.P.C. finally by his dated 29th June, 1994. The order of the Magistrate has been examined. Nowhere the Magistrate dealt with the evidence of either party relating the possession over the land whether situate in this village or that village. In the proceeding under section 145 of the Code of Criminal, Criminal Procedure, the Magistrate is required to give the opportunity to the parties to adduce their evidence relating possession over the property and after considering that evidence, the Magistrate is required to decide which party is in possession of the land in accordance with law and then pass the final order. As the order of the Magistrate does not show if the Magistrate happened to ask the parties to adduce evidence in the Court relating their respective possession over the land, the order of the Magistrate deciding the criminal proceedings finally by order dated 29th June, 1994 is hereby quashed. And the order in the criminal revision passed by the First Additional Sessions Judge, Hajipur on 21st July, 1995 too is hereby quashed. The Magistrate is hereby directed to give an opportunity to both the parties to adduce the evidence relating the respective possession over the land, and thereafter the Magistrate will decide these proceedings under Section 145 Cr.P.C. deciding the question of possession in accordance with law. The Magistrate is hereby directed to give an opportunity to both the parties to adduce the evidence relating the respective possession over the land, and thereafter the Magistrate will decide these proceedings under Section 145 Cr.P.C. deciding the question of possession in accordance with law. Accordingly, this petition is hereby allowed. A copy of the order be sent to the Magistrate for compliance and further hearing of this matter. Petition Allowed.