JUDGMENT
Hari Shankar Prasad, J.
1. This criminal revision is directed against the order dated 15.9.1998 passed in M.P. Case No. 8/95 under Section 145, Cr PC, whereby O.P. No. 2 has been declared to be in possession over vacant land measuring 3172 sq. ft. on Plot No. 515, Khata No. 15 Mauza Horiladih and further possession of O.P. No. 2 will be valid till passing of alternative order by a competent Court of law.
2. The facts giving rise to filing of the revision application are that petitioner claimed to be in possession over the disputed area measuring 3172 Sq. Ft. on Plot No. 515 Khata No. 15 Mauza Horiladih including 800 sq. ft. whereupon there is a Khaparposh house of the petitioners since more than 45 years. It is claimed that Plot No. 515 Khata No. 15 Mauza Horiladih No. 132, consists of an area of 3962 sq. ft. In this area i.e., on 3962 sq. ft. there is khaparposh house measuring 800 sq. ft. The dispute in between the parties arose over the area of 3172 sq. ft. of land boundary wall of the said area fell down and O.P. No. 2 was getting the same repaired and in the course of that repairing of the boundary wall disputed between parties occurred. Due to this very dispute, O.P. No. 2 filed a complaint before the police station and the concerned police station submitted report to the O.P. No. 3. It is stated that there is no signature of the Investigating Officer; rather signature is of officer-in-charge of Boragarh outpost. Since there, is no signature of Investigating Officer on the said police report, the entire investigation becomes suspicious in view of the fact that whether there was dispute between the parties or not and both the petitioners as well as O.P. No. 2 have filed written statement before O.P. No. 3, O.P. No. 2 produced evidence in support of his case and it would be evident from the impugned order that the petitioner having produced their evidence, although no proper opportunity was given to the petitioner by the O.P. No. 3 to produce evidence. Petitioners made a prayer on 27.7.1998 for allowing them an opportunity to produce evidence but without taking the evidence of the side of the petitioners, learned Court below passed the impugned order. It is stated that when 800 sq. ft. of area is in possession of the petitioners, it cannot be a fact that remaining area of the 3172 sq. ft. cannot be in possession of the O.P. No. 2 and when the possession of the petitioner is over the disputed land, the possession of O.P. No. 2 cannot be declared. Petitioners are residing in the said disputed plot since more than 45 years; the claim of the O.P. No. 2 being in possession has no force. It is also stated that Sheikh Sohrab received advance from the petitioners and, therefore, question of making agreement with the O.P. No. 2 has no force. Petitioners had made out a case that there is no agreement took place on 11.1.1994 as stated by O.P. No. 2 and it has not been brought on record by the O.P. No. 2. It is also submitted that O.P. No. 3 did not give any opportunity to the petitioners to produce evidence and, therefore, the impugned order suffers from all these defects.
3. O.P. No. 2 appears though vakalat-nama.
4. The learned counsel appearing for the petitioners submitted that investigating officer has not signed on the report and on the other hand, officer-in-charge has signed the report and, therefore, that report cannot be considered to be report of the I.O. Another plea that has been taken is that the petitioners were in possession of 800 sq. ft. of disputed land and it cannot be believed that remaining portion shall be left to the possession of the other party. It is also stated that dispute in between the parties is with respect to that remaining portion of land. Another plea that has been taken is that the petitioners have not given sufficient opportunity to led evidence and without evidence led on behalf of the petitioner, case has been decided
5. On the other hand, learned counsel for the O.P. No. 2 submitted that there is no point in the plea that officer-in-charge has signed the report and not the I.O. because it is up to the Magistrate to be satisfied with the report and the Magistrate can draw proceeding on his satisfaction also and, therefore, there is no such point for such objection. Learned counsel further pointed out that O.P. No. 2 had actually entered into an agreement to sale with the holder of the land and on 10.1.94 and in pursuance of that agreement of sale, the vendor sold his land through Registered Kewala (Ext-1) and O.P. No. 2 has come in possession from the date of Registration of the deed. The learned counsel further pointed out that the petitioners in the proceeding under Section 145, Cr. PC, have been given ample opportunity to led their evidence but inspite of sufficient opportunity given to the petitioner to led evidence, no evidence was led and, therefore, learned Court of Executive Magistrate decided the matter and declared possession of O.P. No. 2 over the land in dispute.
6. On careful scrutiny of the submissions of the parties and of the materials brought on record, it find that petitioners have been given sufficient opportunity to led evidence but inspite of that, petitioners have not led their evidence and this will be clear from the order sheet dated 1.9.97 when these petitioners O.P. was directed to produce their evidence and on 18.3.98 a petition for. time, for producing witness was filed. On 29.4.98. when no witness was being produced in between the three dates, then last opportunity was. given to the petitioners- O.P. to produce witness. The order sheet dated 23.5.98 shows that no step has been taken on behalf of the petitioner- O.P. for production of witnesses. The order sheet dated 13.6.98 shows that no witness was produced on behalf of the petitioners- O.P. nor petitioners- O.P. was present, hence case was closed. On 7.8.98 a prayer was made on behalf of the petitioners-O.P. to the proceeding for allowing him to produce the witness and last opportunity was given. But on 17.8.98 no witness was produced and a petition for time to produce witness was, filed which was rejected and the case was fixed for final hearing. Hence, it appears that sufficient opportunity was given to the petitioners for production of witness in the case but when no witness was produced, then case was closed and finally, order was passed on 15.9.98.
7. Hence, from the discussions made above, I find no reason to interfere with the finding arrived at by the learned Court below and, therefore, this revision application is dismissed but no order as to costs.