Bajrangi Saw vs State of Jharkhand and Others

N. Dhinakar, C.J.—The petitioner is aggrieved against the order of the 1st Additional Sessions Judge, Garhwa passed in Criminal Revision No. 83 of 2002.

The petitioner was opposite party No. 1 in the aforesaid Criminal Revision. Proceedings u/s 144 of the Code of Criminal Procedure were initiated before the Magistrate in Misc. Case No. 414/2002. on the ground that there is likelihood of breach of peace In respect of a land in Khata No. 376, Plot No. 1215 measuring an area of 4.75 acres in village Hariharpur. The learned Magistrate commenced the proceedings on 11.9.2002 after issuing notice to the parties. The learned Magistrate thereafter passed an order on 9.9.2002 and the same was challenged before the 1st Additional Sessions Judge in Cr. Revision No. 83/2002. The learned Sessions Judge set aside the order of the Magistrate. Hence, the present revision.

I have perused the order of the learned Sessions Judge passed on the said revision. The learned Sessions Judge found that, the order was passed by the Magistrate on 9.9.2002 even before the final arguments were concluded, which was 8.11.2002. The learned Sessions Judge also found that the learned Magistrate passed the final order on the date when the petition was filed to initiate proceedings u/s 144, Cr PC and it was also found that the Magistrate exceeded his jurisdiction by going into the question of right and title over the land in question. Therefore, the Sessions Judge felt that the order cannot be sustained and in that view of the matter set aside the order.

On going through the order of the Sessions Judge passed in above criminal revision, I find no illegality in the impugned order. The revision is, therefore, dismissed.