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2023 Supreme(Pat) 600

ANSHUMAN
Ranjan Kumar Singh S/o Late Ram Nandan Singh – Appellant
Versus
State of Bihar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Shyameshwar Dayal, Mr. Gaurav Kumar Sinha, Adv.
For the Respondent: Mr. Sri Tarun Prasad Mandal, Mr. Krishna Prasad Singh, Ms. Sakshi Deep, Adv. Mr. Daya Shankar Prasad Sinha, Adv.

JUDGMENT :

1. Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the opposite parties.

2. The present Cr. Revision Application has been filed against the order dated 20.02.2016 passed by Sub-Divisional Magistrate, Teghra, District Begusarai in Case No. 99-M of 2000, by which, the possession of first party-opposite party no.2 in respect of land in proceeding has been declared in a proceeding under Section 145 of Cr.P.C. without considering the case in the right perspective.

3. Learned counsel for the petitioner submits that the opposite party No.2 was the first party before the S.D.M. and on whose application the proceeding under Section 144 of Cr.P.C. was started and subsequently converted into proceeding under Section 145 of Cr.P.C. He further submits that there is a first order dated 03.12.2003 under Section 145 of Cr.P.C., petitioner moved in Cr. Revision No. 36 of 2004 but it was decided against him and the order was affirmed in Cr. Revision No. 36 of 2004 in favour of present opposite party No. 2. He also submits that being aggrieved and dissatisfied by the said order, the petitioner had preferred Cr. Misc. No. 34837 of 2005

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