JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. This appeal arises out of the order passed by the Patna High Court on 5.1.2007 quashing the order dated 6.1.2006 passed by the Additional Sessions Judge-cum-Fast Track Court No.5, Khagaria, in Criminal Revision No.74/2003, confirming the order dated 2.5.2003 passed by the Sub-Divisional Magistrate, Khagaria, in Misc. Case No.20(M)2/97 directing restoration of possession of the land in dispute to the respondent herein.

3. The predecessor-in-interest of the appellants herein, one Dayanand Prasad, filed an application under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) being Case No.455(M)/86, inter alia, for restoration of possession in plot No.3580 under Khata No.725 measuring 14 katha 4 dhurs on the ground that he had been forcibly dispossessed therefrom by the Respondent No.1 herein within two months of such petition being filed.

4. Both the parties in the said proceeding filed their respective responses showing cause and adduced evidence, whereupon the Executive Magistrate by his order dated 7.10.1994 declared the possession of the appellants over the land in dispute. The learned Magi