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1983 Supreme(Ori) 114

P.C.MISRA
BRAJAMOHAN NATH – Appellant
Versus
SMT. KESI TRIPATHY AND ANOTHER-OPP. PARTIES – Respondent


Advocates Appeared:
A.K.Mohapatra, B.Nayak, M.P.MISHRA, P.K.Misra, P.K.PADHI, R.C.PATIL

( 1 ) THIS revision is directed against an order dated 22. 8. 1983/26. 8. 1983 passed by the Subdivisional Magistrate, Sambalpur in Cr. Misc. Case No. 152 of 1983 which is an order under sections 145 (1) and 146 (1) of the Code of Criminal Procedure.

( 2 ) THE facts leading to the passing of the impugned order are as follows: The opposite parties Nos. 1 and 2 filed a petition under section 145, Cr. P. C. before the Subdivisional Magistrate, Sadar, Sambalpur on 22. 8. 1983 which was registered as Criminal Misc. Case No. 152 of 1983 impleading the present petitioner and two others as members of the second party. It was alleged by the opposite parties Nos. 1 and 2 (first party before the Subdivisional Magistrate) that the members of the second party have been trying to dispossess them from the disputed land over which they are in possession. The learned Magistrate by the impugned order started a proceeding under section 145 (1), Cr. P. C. and simultaneously attached the subject matter of the dispute under section 146 (1) Cr. P. c. and restrained both the parties not to enter upon the disputed land till the disposal of the proceeding. He also directed the officer-in-charge, Katarbaga







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