Manraj Sahni v. Chameliya Devi And ORS.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38371 of 2014 Arising Out of PS.Case No. -null Year- null Thana -null District- MUZAFFARPUR =========================================================== Manraj Sahni Son of Late Dhupan Sahani Resident of Village Rewa, P.O. - Bakhara, P.S. - Saraiya, District- Muzaffarpur. .... .... Petitioner
Versus
1. Chameliya Devi W/o Bilash Sahani, D/o Lakhan Sahani
2. Jitu Sahani
3. Rameshwar Sahani
4. Ram Kishore Sahani All are sons of Late Rupa Sahani
5. Hira Sahani Son of Pathal Sahani
6. Shamdeo Sahani
7. Arun Sahani Both Sons of Hira Sahani All residents of Village - Rewa P.O. - Bekhara , P.S. - Saraiya, District - Muzaffarpur.
8. The State of Bihar .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner :
Mr. Manoj Kumar Manoj, Advocate For the State :
Mr. Rajesh Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL JUDGMENT Date: 06-10-2017 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioner seeks quashing of order dated 02.09.2013, passed by Sub-divisional Officer, Muzaffarpur, West in Case No. M1037 of 2013 whereby he has converted a proceeding earlier initiated under Section 144 Cr.P.C. to 145 Cr.P.C.
3. Learned counsel for the petitioner submits that already the dispute between the parties have been decided by a competent court of civil jurisdiction with respect to the same pieces of land in Partition Suit No.63 of 2000. In that case Most. Chameliya Devi was
Patna High Court Cr.Misc. No.38371 of 2014 dt.06-10-2017 2 /2 the plaintiff who is the first party in the proceeding at present and rest others, the defendants are second party in the present proceeding. Chameliya Devi has filed Partition Appeal No.68 of 2009, which is still sub-judice and pending in the court of Muzaffarpur, so considering the rival submissions and on perusal of the records, it appears that already with respect to the subject in dispute between both parties in the present proceeding, the court of competent civil jurisdiction has passed the judgment and decree relating to title and possession and the Partition Appeal is still pending, so the Executive Magistrate has got no jurisdiction to decide the factum of possession of the land in dispute in a proceeding under Section 145 Cr.P.C., so the impugned order dated 02.09.2013, passed in Case No. M1037 of 2013 by Sub-divisional Officer, Muzaffarpur, West is set aside.
4. The quashing application stands allowed.
(Arun Kumar, J.) S.Kumar/- AFR/NAFR NAFR CAV DATE NA Uploading Date 10.10.2017 Transmission Date 10.10.2017