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2004 DIGILAW 672 (PAT)

Haribansh Narayan Singh v. State Of Bihar

2004-07-12

NAVIN SINHA

body2004
Judgment 1. Heard learned counsel for the petitioner and, the learned counsel appearing on behalf of opposite party No. 2 as also the counsel for the State. 2. The petitioner assails the order dated 11.11.2003 passed by learned Sessions Judge, Vaishali in Criminal Revision No. 324 of 2003 by which the revision application challenging initiation of 145, Cr PC proceeding was rejected. 3. The learned counsel for the petitioner contends that the petitioner purchased the land, in question, by a sale deed from the father of opposite party No. 2 in 1953. After the death of the father of opposite party No. 2, the present proceeding appeared to have been initiated under Section 144, Cr PC by opposite party No. 2 which was ultimately converted into 145, Cr PC. 4. The learned counsel appearing on behalf of opposite party No. 2 refers to his counter affidavit more particularly paragraphs 11 and 12 of the same and contends that the sale deed executed in favour of the petitioner by the father of opposite party No. 2 was fabricated sale deed. 5. Having considered the submissions of the counsel for the parties, this Court also takes note of the fact that in the show cause filed on behalf of opposite party No. 2 in response to notice under Section 144, Cr PC opposite party No. 2 did not dispute the fact of sale deed having been executed by his father in favour of the present petitioner. Even in the present counter affidavit this fact is not disputed. In view of the aforesaid fact there cannot be any justification for a proceeding under Section 145, Cr PC to challenge the sale deed which is said to have been executed and registered. The ground sought to be urged on behalf of the opposite party No. 2 that the sale deed was fabricated document will, have to be the subject matter of civil suit only. In that view of the matter this Court does not find any sufficient justification for a proceeding under Section 145, Cr PC to continue between the parties. The proceeding under Section 145, Cr PC between the parties in Case No. P-182 of 2003/MT/897 of 2003 pending before Sub- Divisional Magistrate Hajipur and the revisional order dated 11.11.2003 are accordingly quashed. This application is, therefore, allowed.