Orissa Court June 1976 Judgments
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Damoda Panigrahi and ors. Vs. Banchhanidhi Pangrahi and anr.
Court: Orissa
Decided on: Jun-15-1976
Reported in: 1977CriLJ142
S.K. Ray, A.C.J.1. This revision has come before us by way of reference made at the instance of Honourable Das, J., who was of opinion that this case involved important questions of law.It arises out of a proceeding under Section 145, Criminal Procedure Code in which the petitioners were members of the second party and which was registered as Misc. Case No. 7/1 of 1972 in the court of Sub-divisional Officer and Magistrate, First Class, Bhadrak. The preliminary order was passed on 15-4-1972. The dispute relates to 15 decimals of land appertaining to Plot No. 2137 and 8 decimals of land appertaining to Plot No. 2139 in village Guamal, P.S. Tihidi, District Balasore. The parties concerned filed their affidavits in due course. As the Magistrate was unable to decide as to which of them was in possession of the subject-matter of dispute on the date of the preliminary order, he acted under Section 146 old Criminal Procedure Code by attaching it, drawing up a statement of the facts of the case...
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