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2009 Supreme(Pat) 827

ABHIJIT SINHA
Jamuna Prasad Sinha – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. The first party in a proceeding under Section 145 Cr.P.C. being M.R. Case No. 571 of 2003 have prayed for the quashing of the order dated 6.11.2006 passed therein by Sri Lalit Narayan Dubey, Executive Magistrate, Rosera, whereunder he added the State of Bihar as a party to the proceeding as also order dated 29.12.2006 passed by Sri Birendra Kumar, Sessions Judge, Samastipur, in Cr. Misc. No. 152.

2. It appears that on the basis of a police report dated 25.8.2003, a proceeding under Section 144 Cr.P.C. being M.R. No. 571 of 2003 was initiated and both parties appeared and filed their respective show cause alongwith relevant documents. Subsequently, the said proceeding was converted into a proceeding under Section 145 Cr.P.C. The said proceeding was finally disposed of on 1.3.2005 wherein the Sub- Divisional Magistrate found the possession of the petitioners over 4 kathas of land of the disputed plot and he permanently restrained the second party from interfering with the peaceful possession of the petitioners over the said 4 kathas of land. The second party preferred Cr. Revision No. 147 of 2005 on the ground that no details of the said 4 kathas of land and their locatio






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