JUDGMENT

Asok Kumar Ganguly, J.—

1. Leave granted.

2. The order of the High Court dated 23.5.2007, passed under Section 482 of the Code of Criminal Procedure is impugned before this Court.

3. By that order, the High Court refused to quash the order dated 10.2.2005 passed by 3rd Additional Sessions Judge, Motihari in Cr.Revision No. 326 of 1992 whereby the order dated 27.7.1992 passed by the Executive Magistrate, Raxaul in case No.548(M) of 1991 was confirmed.

4. By the said order dated 27.7.1992, the Executive Magistrate declared possession in favour of the opposite parties in a proceeding under Section 145 of the Code. The relevant portion of the order is:-

“I declare the possession of the first side on the said land until and unless they are dispossessed by the competent Court and the opposite side is ordered that they shall not interfere in the peaceful possession of the first side”.

5. The material facts of the case are as under:

6. The land in question is 1 Katha 8 dhura out of plot No. 1853 under Khata No. 289 in village Gambharia Kala, P.S. Darpa, District Motihari.

The land originally belonged to one Ram Lagan Tiwari of village Amnaur of District Chapra.

7. The case of the