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2002 DIGILAW 497 (JHR)

Anant Saha v. State Of Jharkhand

2002-04-17

D.N.PRASAD

body2002
ORDER D.N. Prasad, J. 1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order dated 30.7,2001 whereby and whereunder the learned S.D.M. Rajmahal initiated a proceeding under Section 145 Cr PC in connection with Cr. Misc. No. 435 of 2000 by which the 1st party was directed to produce the witnesses. 2. Learned counsel for the petitioners at the very outset submitted that the proceeding was already initiated earlier according to the Santhal Parganas Tenancy Act under Section 42 by which the S.D.M. passed the order earlier finding the possession of the petitioners as well as the deed was found to be genuine on the basis of which the petitioners are claiming their title and possession both over the land in question and thereafter the opposite parties preferred appeal which was also dismissed by the Deputy Commissioner affirming the finding of the S.D.M. Again the opposite party preferred a revision before the learned Commissioner which was also dismissed. Thereafter the opposite party preferred a writ petition being C.W.J.C. No. 580 of 1992 in the High Court of Judicature at Patna whereby the case was remanded back to the Commissioner for consideration afresh and pass order in accordance with law. 3. It is further argued that the petitioners are already in possession over the land in question after purchase by registered sate deed which is genuine and three Courts already concluded concurrently about the possession of the petitioners and as such, the parellel proceeding cannot be continued. Thus the initiation of proceeding under Section 145 Cr PC is illegal and the Court below committed error in passing the order impugned when the proceeding as regards to the title and possession is already pending before the Commissioner in respect of the land in dispute. 4. On the other hand the learned counsel appearing on behalf of the opposite party contended before me that Patna High Court has already remitted the case to the Commissioner after setting aside the order and the case was remitted on the ground that the Commissioner has not considered the validity/genuinity of the sale deed and only on this score, the matter was remitted back to the Commissioner for fresh decision. 5. 5. From perusal, it is obvious that a proceeding is already going on between the parties in respect of land in dispute before the Commissioner which was initiated by the S.D.O. Rajmahal much earlier in respect of the same land. It is settled that the parellel proceeding must not continue in respect of the same land. The Commissioner where revision in respect of land is pending, is quite competent to decide the matter including the possession of either parry in accordance with law. In such circumstance, the S.D.M. should have not initiated a parallel proceeding of the same nature in respect of same land and therefore he committed gross error in initiating a second proceeding under Section 145 Cr PC which cannot be sustained in the eye of law and liable to be quashed . 6. The Magistrate cannot entertain an application under Section 145 Cr. PC if another proceeding of same nature for the same land is pending in the Court. Accordingly the entire criminal proceeding including the order dated 30.7.2001 is hereby, quashed. Main Search Forums Advanced Search Disclaimer Anant Saha And Ors. vs State Of Jharkhand And Anr. on 17 April, 2002 Cites 4 docs Section 145 in The Code Of Criminal Procedure, 1973 Section 42 in The Code Of Criminal Procedure, 1973 Section 482 in The Code Of Criminal Procedure, 1973 The Code Of Criminal Procedure, 1973 Jharkhand High Court Anant Saha And Ors. vs State Of Jharkhand And Anr. on 17/4/2002 ORDER D.N. Prasad, J. 1. This is an application under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order dated 30.7,2001 whereby and whereunder the learned S.D.M. Rajmahal initiated a proceeding under Section 145 Cr PC in connection with Cr. Misc. No. 435 of 2000 by which the 1st party was directed to produce the witnesses. 2. This is an application under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding including the order dated 30.7,2001 whereby and whereunder the learned S.D.M. Rajmahal initiated a proceeding under Section 145 Cr PC in connection with Cr. Misc. No. 435 of 2000 by which the 1st party was directed to produce the witnesses. 2. Learned counsel for the petitioners at the very outset submitted that the proceeding was already initiated earlier according to the Santhal Parganas Tenancy Act under Section 42 by which the S.D.M. passed the order earlier finding the possession of the petitioners as well as the deed was found to be genuine on the basis of which the petitioners are claiming their title and possession both over the land in question and thereafter the opposite parties preferred appeal which was also dismissed by the Deputy Commissioner affirming the finding of the S.D.M. Again the opposite party preferred a revision before the learned Commissioner which was also dismissed. Thereafter the opposite party preferred a writ petition being C.W.J.C. No. 580 of 1992 in the High Court of Judicature at Patna whereby the case was remanded back to the Commissioner for consideration afresh and pass order in accordance with law. 3. It is further argued that the petitioners are already in possession over the land in question after purchase by registered sate deed which is genuine and three Courts already concluded concurrently about the possession of the petitioners and as such, the parellel proceeding cannot be continued. Thus the initiation of proceeding under Section 145 Cr PC is illegal and the Court below committed error in passing the order impugned when the proceeding as regards to the title and possession is already pending before the Commissioner in respect of the land in dispute. 4. On the other hand the learned counsel appearing on behalf of the opposite party contended before me that Patna High Court has already remitted the case to the Commissioner after setting aside the order and the case was remitted on the ground that the Commissioner has not considered the validity/genuinity of the sale deed and only on this score, the matter was remitted back to the Commissioner for fresh decision. 5. 5. From perusal, it is obvious that a proceeding is already going on between the parties in respect of land in dispute before the Commissioner which was initiated by the S.D.O. Rajmahal much earlier in respect of the same land. It is settled that the parellel proceeding must not continue in respect of the same land. The Commissioner where revision in respect of land is pending, is quite competent to decide the matter including the possession of either parry in accordance with law. In such circumstance, the S.D.M. should have not initiated a parallel proceeding of the same nature in respect of same land and therefore he committed gross error in initiating a second proceeding under Section 145 Cr PC which cannot be sustained in the eye of law and liable to be quashed . 6. The Magistrate cannot entertain an application under Section 145 Cr. PC if another proceeding of same nature for the same land is pending in the Court. Accordingly the entire criminal proceeding including the order dated 30.7.2001 is hereby, quashed.