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2015 Supreme(Jhk) 1275

H.C.MISHRA
Zahiruddin Ansari @ Md. Zahiruddin – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. A.K.Sahani, Advocate.
For the State : A.P.P.
For the Opp.Party No.2 :Mr. Syed Naushad Ahmad, Advocate

Order :

Heard learned counsel for the petitioner and learned counsel for the State, as also learned counsel for the opposite party No.2.

2. This application has been filed for quashing the order dated 12.12.2007 passed by Sri Vinay Kumar, learned Executive Magistrate, Sadar, Ranchi, in M. Case No.1564 of 2007, whereby, in a proceeding under Section 145 of the Cr.P.C., the learned Executive Magistrate has decided the possession of the opposite party No.2 over the land and house in dispute. The petitioners have also challenged the order dated 18.2.2010 passed by the learned First Additional Judicial Commissioner, Ranchi, in Cr. Revision No.06 of 2008, whereby, the revision filed against the aforesaid order dated 12.12.2007 was dismissed by the Revisional Court below.

3. The impugned order dated 12.12.2007 passed by the learned Executive Magistrate, in M. Case No.1564 of 2007 shows that there was dispute between both the parties regarding the land and house upon Plot No.498, Khata No.213 measuring 106 Kari, situated in Village Doranda at Ranchi. The impugned order further shows that the opposite party No.2 was the first party in the said proceeding under Section 145 of the Cr.P.C., where









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