In summary Section 145 proceedings, unobjected photocopies are admissible evidence alongside local reports for possession finding; no interference if conclusion not perverse.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

I.A. No.3409 of 2026

Heard the parties.

Learned senior counsel for the petitioners submits that this interlocutory application has been filed for early disposal of this Criminal Miscellaneous Petition.

Since, the hearing of this Criminal Miscellaneous Petition is taken up today, hence, this interlocutory application stands disposed of.

Cr.M.P. No.723 of 2025

This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the prayer to quash and set aside the order dated 29.01.2025 passed by the learned Additional Sessions Judge-I, Deoghar in Cr. Revision No.72 of 2023 and also the order dated 06.06.2023 passed by the learned Sub-Divisional Magistrate, Deoghar in

2. The brief fact of the case is that the private opposite parties intimated Rikhiya Police Station claiming that anti-social elements are making illegal construction over their plot of land under Jamabandi No. 8 (22/31) and Khata No.85/31, area 11000 square feet of Mouza Maheshmara Dahijore in the district of Deoghar. On the basis of written-report, Sanha No.04/2020 and 18/2020 was registered by Rikhiya Police Station and upon being intimated to the Sub-Divisional Magistrate, a proceeding under Section 145 of Cr.P.C. was drawn up by the learned Sub-Divisional Magistrate, Deoghar. The parties were issued notice. The parties filed their written-statement, filed documents in support of their case including the photocopies of the documents. The Sub-Divisional Magistrate also called for the reports from the Circle Amin Officer, Mohanpur as well as from the concerned; who had stated that father of the private opposite party No.2 acquired 0.36 acres of land in L.A. Case No.84/1968-69. Thereafter he got his name mutated and paid rent to the Government. After the death of his father, the private opposite party No.2 herein who is the first party in the proceeding under of Cr.P.C., came in possession of the land in question and subsequently she leased out the land to Hindustan Petroleum Corporation for twenty (20) years and they also stated in their reports, that on physical verification they found the office of H.P.C.L. Petrol Pump over the place of occurrence land and on that basis, the first party to the proceeding under of Cr.P.C. was found to be in possession of the land in question. In the process of arriving at such conclusion, the Sub-Divisional Magistrate relied upon the photocopy of the proceedings of L.A. Case No.84/1968-69, the award statements, the report of the Circle Officer, acquisition plan, the photocopy of the current survey settlement Parcha, the photocopy of the land revenue receipts and the lease agreement and vide order dated 06.06.2023 in Cri. Misc. Case No.138 of 2020, confirmed the possession of first party to the proceeding under of Cr.P.C.. Being aggrieved by the said order, the petitioners herein, filed Cri. Revision No.72 of 2023 which was ultimately heard and disposed of by the learned Additional Sessions Judge-I, Deoghar. The learned Additional Sessions Judge-I, Deoghar considered that the undisputed fact remains that the ancestors of the second party to the proceeding under of Cr.P.C. who are the petitioners herein, received compensation for acquisition of their land and the acquired land was given to the father of the first party and the said land was later on leased to the Hindustan Petroleum Corporation on which its offic