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[2025:JHHC:38691]

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.754 of 2021

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1. Mahadev Yadav, aged about 66 years, Son of Late Dilo

Yadav.

2. Santosh Yadav, aged about 40 years, Son of Mahadeo

Yadav.

3. Kapildeo Yadav, aged about 35 years, Son of Mahadeo

Yadav

All are R/o Sri Nagar, P.O.- Barsot, P.S.- Barhi, District-

Hazaribagh.

… Petitioners

Versus

1. The State of Jharkhand

2. The S.D.M., Barhi, P.O., P.S. – Barhi, District Hazaribagh

3. Munni Devi, W/o Indra Vishwakarma, R/o Village – Barhi

(Lohartoli), Dhanbad Road, P.O., P.S.- Barhi, District-

Hazaribagh.

4. Chandan Kumar Vishwakarma, S/o Indra Vishwakarma,

R/o Village – Barhi (Lohartoli), Dhanbad Road, P.O., P.S.-

Barhi, District- Hazaribagh.

5. Kundan Kumar Vishwakarma, S/o Indra Vishwakarma,

R/o Village – Barhi (Lohartoli), Dhanbad Road, P.O., P.S.-

Barhi, District- Hazaribagh.

… Opposite Parties

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For the Petitioners : Ms. Aprajita Bhardwaj, Advocate

Ms. Khushi Mahendru, Advocate

For the State : Mr. Pankaj Kumar, P.P.

For the O.P. No.3 to 5 : Mr. Nilendu Kumar, Advocate

Mr. Binod Singh, Advocate

Mr. Kumar Vishwambhar, Adv.

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P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking

the jurisdiction of this Court under Section 482 of the Code of

Criminal Procedure with the prayer to quash the order dated

08.02.2021 passed by the learned Additional Sessions Judge-III,

Hazaribagh in Criminal Revision No. 67 of 2020 whereby and where

under the learned Additional Sessions Judge-III, Hazaribagh found

no illegality in the order dated 23.11.2020 passed by the learned Sub-

Divisional Magistrate, Barhi in Misc. Case No. 01 of 2020 by which the

learned Sub-Divisional Magistrate, Barhi directed that with the help

of the Administration, arrangement shall be made for the members of

the first party namely Munni Devi and her two children to reside in

the disputed house.

3. Learned counsel for the petitioners submits that it is the

admitted case of the parties that the members of the first party were

dispossessed from the disputed house on 12.10.2020. They

approached the Sub-Divisional Magistrate, Barhi on 13.10.2020. The

police report was obtained on 13.10.2020. So, as on the date of

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approaching the court and initiation of proceeding under Section 145

of the Code of Criminal Procedure, admittedly, the members of the

first party were not in possession of the disputed property; in exercise

of the power under Section 145 of the Code of Criminal Procedure,

they ought not to have been put in possession of the said house in

exercise of the power by the Executive Magistrate. It is next submitted

that in para-11 of the impugned judgment, the learned Additional

Sessions Judge-III, Hazaribagh has misinterpreted the first proviso of

Section 145(4) of the Code of Criminal Procedure by committing an

error apparent on the record by omitting the word “Next” between

the two words “two months” and ‘before’ appearing in the first

proviso of Section 145(4) of the Code of Criminal Procedure. Hence, it

is submitted that the prayer as prayed for in this Criminal

Miscellaneous Petition be allowed.

4. Learned Public Prosecutor appearing for the State and the

learned counsel for the opposite party No.3 to 5 on the other hand

submit that even if a person is not in possession of the disputed

property on the date of preliminary order, still he can be put in

possession over the disputed property by the Executive Magistrate in

exercise of its power under Section 145 of the Code of Criminal

Procedure. Hence, it is submitted that no illegality has been

committed by the learned Additional Sessions Judge-III, Hazaribagh

in passing the said order dated 08.02.2021 in Criminal Revision No. 67

of 2020. It is lastly submitted that this Criminal Miscellaneous

Petition, being without any merit, be dismissed.

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5. Having hea