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2005 Supreme(Ori) 481

A.K.PARICHHA
Raghunath Sahoo – Appellant
Versus
Niranjan Sahoo – Respondent


Advocates:
For Petitioner:M/s. A. R. Dash, R. Behera, & M. C. Swain
For Opp.Parties:M/s. G. C. Das, S. N. Upadhyay, P. P. Ray (For opp.party No.1)

JUDGMENT

A. K. PARICHHA, J. : This is an application under Section 482, Cr.P.C. for quashing the orders dated 17.11.2004 and 13.12.2004 under Annexures-1 and 10 respectively, passed by the Executive Magistrate, Niali in Criminal Misc. Case No.181 of 2004 initiating a proceeding under Section 145, Cr.P.C. restraining the petitioners and opposite parties from entering into the dis¬puted land and appointing the Revenue Inspector, Sadar, Niali as receiver in respect of the crops standing on the disputed land.

2. The Officer-in-charge, Niali Police Station submitted a report that the opposite party No.1 first party in one hand and the petitioners and opp.parties 2 to 5 on the other are trying to reap the paddy crops standing on plot Nos.3203, 3210, 3211, 3214, 3215, 3258, 3259, 3260, 3291 and 440 of Khata No. 105 of mouza-Tolagopinathpur under Niali Police Station creating a volatile situation. In the report he suggested that in order to avid clash between the parties and to avoid any breach of peace in the locality a proceeding under Section 145, Cr.P.C. be initiated.

Considering the aforesaid report of the O.I.C., Niali Police Station and the surrounding circumstances, the Executive M













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