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Judgment
Heard the parties.
This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of the Criminal Procedure with the prayer to set aside the order dated 03.01.2024 passed by the leaned Sessions Judge, Giridih in Criminal Revision No. 148 of 2022 whereby and where under the leaned Sessions Judge, Giridih set aside the order dated 04.02.2022 passed by the Sub-Divisional Magistrate, Giridih in a proceeding under Section 144 of the Code of Criminal Procedure.
The brief fact of the case is that the Sub-Divisional Magistrate, Giridih initiated a proceeding under Section 144 of the Code of Criminal Procedure with respect to the disputed land and house and issued notice to both the parties of the case. The parties appeared before the Sub-Divisional Magistrate, Giridih and filed their show cause and respective documents. The Sub-Divisional Magistrate, Giridih, considering the submissions made by the learned counsel for the members of the second-party who are the opposite party No.2 to 4 herein that the members of the second-party have no claim over the land of the members of the first-party of area 40 decimals and the land which belongs to the second-party of area 17 decimals, is situated outside the boundary made around the 40 decimals of their land by the members of the first-party and the same was confirmed by the report submitted by the Officer In-charge of Pachamba Police Station, vacated the prohibitory order in favour of the first-party and made the same absolute against the members of the second-party. The members of the second-party being aggrieved by the said order dated 04.02.2022 passed in Case No. 485 of 2021 by the Sub-Divisional Magistrate, Giridih, filed Criminal Revision No. 148 of 2022.
Vide the impugned order dated 03.01.2024 the learned Sessions Judge, Giridih considered that the proceeding was initiated in respect of the land, different from the land described in the petition filed under Section 144 of the Code of Criminal Procedure and beyond the boundary described in the said petition, and set aside the said order.
Learned counsel for the petitioner submits that by the time the said order dated 04.02.2022 passed by the Sub-Divisional Magistrate, Giridih; the order the impugned before her was no more in force; because the time period of the order of Subdivisional Magistrate, Giridih was over because of the lapse of time of two months. It is next submitted that the learned Sessions Judge, Giridih exceeded its jurisdiction in passing the impugned order dated 03.01.2024. The learned Sessions Judge, Giridih deviated herself from the object of Section 144 of the Code of Criminal Procedure. The learned Sessions Judge, Giridih failed to appreciate that no order under Section 144 of the Code of Criminal Procedure shall remain in force for more than two months. It is further submitted that the time period for remaining the order impugned before it has lost its force by a efflux of time, hence, the learned Sessions Judge, Giridih ought not to have passed the impugned order dated 03.01.2024. Hence, it is submitted that the prayer as prayed for in this Criminal Miscellaneous Petition be allowed.
Learned Spl.P.P. appearing for the State and the learned counsel for the opposite party No.2 to 4 on the other hand vehemently oppose the prayer of the petitioner made in this Criminal Miscellaneous Petition and submit that true it is, that by the time, the learned Sessions Judge, Giridih passed the impugned order dated 03.01.2024, the said order dated 04.02.2022 passed by the Sub-Divisional Magistrate, Giridih was no more in force but there has been inherent illegality in the said order dated 03.01.2024, hence, no illegality has been committed by the learned Sessions Judge, Giridih in setting aside the said order dated 04.02.2022 passed by the Sub-Divisional Magistrate, Giridih. It is lastly submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed.
Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is needless to mention here that since the order dated 04.02.2022 passed by the Sub-Divisional Magistrate, Giridih in Case No. 485 of 2021 has lost its force by a efflux of time but it is also pertinent to mention here that there is no illegality in the impugned order dated 03.01.2024 passed by the leaned Sessions Judge, Giridih in Criminal Revision No. 148 of 2022 whereby and where under the leaned Sessions Judge, Giridih set aside the order dated 04.02.2022 passed by the Sub-Divisional Magistrate, Giridih in a proceeding under Section 144 of the Code of Criminal Procedure; on the ground that the order in the said proceeding under Section 144 of the Code of Criminal Procedure was passed in respect of the land other than the land mentioned in the petition filed under Section 144 of the Code of Criminal Procedure by the members of the first-party and the same is not controverted anywhere in this Criminal Miscellaneous Petition.
Under such circumstances, this Court is of the considered view that there is no justifiable reason to interfere with the impugned order dated 03.01.2024 passed by the leaned Sessions Judge, Giridih in Criminal Revision No. 148 of 2022 in exercise of the power under Section 482 of the Code of the Criminal Procedure.
Accordingly, this Criminal Miscellaneous Petition, being without any merit, is dismissed.