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2009 Supreme(Jhk) 265

JAYA ROY
Hiramani Shukla @ Haribansh – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared
For the Petitioner: Mr. A.K. Sahani.
For the O.P. Nos. 2 to 4 : Mr. Jay Shankar Pandey.
For the State : Mr. S.N. Rajgarhia,

JUDGMENT:

Jaya Roy, J.-

Heard the learned counsel for the petitioner and opposite parties. This revision application has been filed by the first party/opposite party against the order dated 2.4.2007 passed by the 2nd Additional Sessions Judge, F.T.C.-III, Daltonganj, Palamau in Criminal Revision No. 105 of 2003 setting aside the orders dated 4.7.2003 and the order dated 28.7.2003 passed by the learned Sub-DivIsional Magistrate, Sadar, Daltonganj in Misc. Case No. 297 of 2003 under Sections 145 and 146(1) of the Code of Criminal Procedure.


2. The short fact, necessary for the present revision application is that on 4.7.2003 the present petitioner who is first party filed an application before the Sub-Divisional Magistrate, Sadar, Daltonganj for initiation of a proceeding under Section 145 Cr.P.C. over the lands in question against the second party (opposite party). In the said petition at para-2 the petitioner has stated:-

"That in amicable arrangement arrived at between his co-sharer, the petitioner has/had been exercising his title and possession over the land fully stated in a separate schedule appended hereinbelow at the foot of this petition and forming a part thereon. The same sh












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