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2008 Supreme(Jhk) 902

AMARESHWAR SAHAY
Durga Purty – Appellant
Versus
State of Jharkhand – Respondent


Advocates appeared:
For the Petitioner: Mr. Ananda Sen.
For OP. Nos. 2 to 6: Mr. R.S. Mazumdar.

Order

Heard the counsel for the parties.

2. The petitioner is challenging the order of 2nd Additional Sessions Judge, Chaibasa passed in Criminal Revision No. 39 of 1999, allowing the revision application and setting aside the order of the Sub-Divisional Magistrate dated 11.10.1999, converting a proceeding under Section 144 Cr.P.C. into a proceeding under Section 145 Cr.P.C.

3. The facts, in short, are that the petitioner herein, being the first party filed a petition before the Sub-Divisional Magistrate, Sadar, Chaibasa, for initiation of a proceeding under Section 144 Cr.P.C. against the opposite parties alleging therein that the lands mentioned in the Scheduled-B of the petition were their ancestral lands and the petitioner alongwith her family members were all along in cultivating possession of the same and they were also paying the rent for the same but the opposite parties are bent upon to take laws on their own hands to fulfill their evil design to garb the said lands belonging to them 4. It appears that thereafter, a proceeding under Section 144 Cr.P.C. was initiated in between the parties with respect to the disputed land. Notice was issued to the opposite parties. Thereafter




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