[2026:JHHC:21005] 1 Cr. M.P. No.1055 of 2020 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1055 of 2020 ------ 1. Diwakar Mishra @ Diwakar Shankar Mishra, Aged about 44 years. 2. Dinkar Mishra @ Dinkar Shankar Mishra, aged about 32 years. Both Sons of Late Jatashankar Mishra, Both Residents of Mohalla: Nilkanthpur, Bilasi Town, P.O.: B. Deoghar, P.S. + Sub-Division & District- Deoghar. … Petitioners Versus 1. The State of Jharkhand 2. Dinesh Mishra, Son of late Shanti Mishra, resident of Harihur Bari, P.O. + P.S. + Sub-Division & District- Deoghar. 3. Aadesh Raj, S/o Suresh Bharadwaj, R/o Ward No.6, Pandit B.N. Jha Road, P.O. + P.S.- Deoghar Town, District- Deoghar. … Opposite Parties. ------ For the Petitioners : Mr. Sudhir Kumar Sharma, Advocate. For the State : Mrs. Anuradha Sahay, Addl.P.P. For the O.P.2 : Mr. Arvind Kumar Choudhary, Advocate. For the O.P.3 : Mr. Ankit Kumar, Advocate. ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Cr.P.C. with the prayer to quash the order dated 20.02.2020 passed by the Additional Sessions Judge-IV, Deoghar in Criminal Revision No. 195 of 2018 and affirmed the order dated 15.09.2018 passed by the Executive Magistrate, Deoghar in Criminal Case No. 26 of 2018 whereby and whereunder the learned Executive Magistrate, Deoghar declared the possession in favour of the first party-opposite party no.2 and further directed the second party/petitioners will not interfere with the peaceful possession of the first party and hand-over the land to the opposite party no.2. [2026:JHHC:21005] 2 Cr. M.P. No.1055 of 2020 3. The brief fact of the case is that first party filed petition under Section 144 of the Cr.P.C. and show cause notice was issued to both the parties and both the parties submitted their show-cause. 4. The proceeding under Section 144 of the Cr.P.C. was converted to a proceeding under Section 145 of the Cr.P.C. Again, notice was issued to both the parties calling upon them, to put in their statement, evidences and documents in support of their possession over the disputed land. It is the case of the first party that the disputed land was purchased by Sagun Lal Mandal from the recorded tenant by registered sale deed dated 23.11.1950 and got his name recorded in the Serista of the Zamindar and paid land revenue to the then landlord. Upon the Zamidari being vested with the State, he paid land revenue to the government. After the death of the Sagun Lal Mandal, his descendants got their name mutated vide Mutation Case No. 250 of 1969-1970 and possessing the same. The present legal heir of Sagun Lal Mandal namely Pradeep Kumar Singh obtained Land Possession Certificate for selling the land from the circle officer, Deoghar. The officer in-charge of the police station in his enquiry report has also mentioned that the land is in possession of the first party and the second party are intending to forcibly occupy the same. Hence, there is chance of breach of peace. It is the case of the second party before the learned Executive Magistrate, Deoghar who is the petitioners before this Court that the second party had been possessing the disputed land peacefully for more than 50 years and the first party are claiming the said land on the basis of forged documents. The grandfather of the second party, Bamshankar Mishra purchased 07 Kattha, 2.5 Dhur of land by the registered document no. 768 of 1953 by way of Mousir Mokrir Patta and [2026:JHHC:21005] 3 Cr. M.P. No.1055 of 2020 has been possessing the same. A piece of other part was acquired by Bamshankar Mishra through his wife Nand Rani Devi, vide registered sale deed no. 71 of 1952 and after purchasing the same possessed the same by making boundary over the said land and also constructing tin roof cow shed and digging well. In support of the possession of the second party, he produced electricity bill, documents of loan taken from UCO bank for dairy farm and PMRY. The first party examined 06 witnesses while the second party examined 05 witnesses. The learned Executive Magistrate, Deoghar considered that exhibit-05 which is one of the original documents of the second party bearing Sale Deed no. 69 of 1952 goes to show that in the eastern boundary, the name of Sagun Lal Mandal has been mentioned which is a proof of Shagun Lal Mandal being in possession of the said land. The said document has been confirmed by the second party in paragraph-06 of his written statement. Besides, the witnesses of the first party also supported the fact that the first party has been in possession of the disputed land. Besides even the witness no.1 of the second party has also stated that the disputed land belongs to the ‘Mandal Family’. From the document it becomes clear that the land of the second party is situated towards the west of the disputed land and the descendants being the legal heirs got their names mutated in respect of the land of Sagun Lal Mandal; after his death. The non-F.I.R. case No. 07 of 2012 dated 19.12.2012 of the Deoghar Town police station confirms the possession of the first party over the disputed land which goes to show that till the institution of the case, the first party has been in peaceful possession of the disputed land. The second party could not produce any convincing evidence or documents in support of his [2026:JHHC:21005] 4 Cr. M.P. No.1055 of 2020 contention of being in possession of the disputed land. Though, the disputed land bears Daag No. 107-B, but the documents produced by the second party in respect of the land acquired by Nand Rani Devi and Bamshankar Mishra are not related to Daag No. 107-B. After considering the same, learned Executive Magistrate, Deoghar declared the possession of the first party over the disputed land, indirectly through the purchaser Shagun Lal Mandal and ordered the second party shall not interfere with the possession of the first party unless the title of the land is declared by any competent civil court and within 15 days, the second party will hand over the illegally occupied land to the first party. 5. Being aggrieved by the same, the second party filed Criminal Revision no. 195 of 2018 in the court of learned Sessions Judge, Deoghar which are ultimately heard and disposed of vide order dated 20.02.2020 by the learned Additional Sessions Judge-IV, Deoghar. It is next submitted that the learned Additional Sessions Judge after considering the materials in the record came to the conclusion that the Executive Magistrate, Deoghar has properly appreciated the written statement, oral and documentary evidence and passed a proper order by holding that there is no illegality involved, warranting interference of the revisional court with the same and dismissed the Criminal Revision. 6. It is submitted by learned counsel for the petitioners that the learned Executive Magistrate, Deoghar has passed the impugned order in haphazard/ hot haste manner without any evidence available on record and passed a wrong and illegal order. Learned Executive Magistrate, Deoghar failed to discuss the structures standing over the land in question. The learned Executive Magistrate, Deoghar committed illegality [2026:JHHC:21005] 5 Cr. M.P. No.1055 of 2020 ignoring the enquiry report submitted by the Circle Officer, Deoghar and Executive Magistrate, Deoghar. The Executive Magistrate failed to consider that Pradeep Kumar Singh never came before the Court nor claimed his physical possession, still the Executive Magistrate declared the possession of the first party in favour of a power of attorney holder namely Dinesh Mishra, of the first party. It is next submitted that the impugned order dated 20.02.2020 is illegal, arbitrary and against the well settled principle of law, hence, the same is fit to be set aside. 7. It is next submitted that the learned Additional Sessions Judge-IV, Deoghar failed to appreciate that the Sub-Divisional Magistrate without any basis, against the report of the Circle Officer dated 11.01.2014 and Executive Magistrate dated 26.02.2014 and arbitrarily concluded that the petitioners- second party illegally occupied the land in dispute in the year 2014 which is not sustainable in law and mechanically affirmed the order of the Executive Magistrate, Deoghar. It is next submitted that the Revisional Court failed to appreciate that neither the first party nor the Shagun Lal Mandal through whom he claims through power of attorney were ever in the possession of the land in dispute. Hence, it is submitted that the prayer as prayed for in this Cr.M.P. be allowed. 8. Learned Additional Public Prosecutor and learned counsel for the opposite party nos.2 and 3 on the other hand vehemently oppose the prayer made by the petitioners. It is next submitted by learned Additional Public Prosecutor and learned counsels for the opposite party nos.2 and 3 that this Criminal Miscellaneous Petition is in fact a second revision which is not maintainable in law and filed under the garb of Criminal Miscellaneous Petition. It is submitted by the learned Addl.P.P. [2026:JHHC:21005] 6 Cr. M.P. No.1055 of 2020 and the learned counsel for the opposite party nos.2 & 3 that undisputed facts remains that the disputed land remains that the disputed land bears Daag No. 107-B. The undisputed fact remains that not only witnesses of the first party but even the witness no.1 of the second party in no uncertain manner have stated that the disputed land belongs to the ‘Mandals’ and they are in possession. The undisputed facts remains that the documents filed by the first party relates to Daag No. 107-B whereas, the documents filed by the second party claiming acquisition of the disputed land through Bamshankar Mishra and Nand Rani Devi does not belong to Daag No. 107-B. The officer-in-charge of Deoghar town police station has reported that the disputed land has been in peaceful possession of the members of the first party. The non F.I.R. case no. 07 of 2012 of the Deoghar Town police station dated 19.12.2012 also confirms the possession of the first party over the disputed land. Under such circumstances, no illegality has been committed either by the learned Executive Magistrate, Deoghar in passing the order dated 15.09.2018 in Criminal Case no. 26 of 2018 or the learned Additional Sessions Judge-IV, Deoghar in passing the impugned order dated 20.02.2020 in Criminal Revision no. 195 of 2018. Hence, it is submitted that this Cr.M.P. is being without any merit be dismissed. 9. 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 that the power of this Court under Section 482 of the Cr.P.C. is limited. There is concurrent finding of facts by two courts below. The undisputed facts remain that the Daag number of the disputed land is 107-B. Not only the witnesses of the first party but even [2026:JHHC:21005] 7 Cr. M.P. No.1055 of 2020 the witness no.1 of the second party has also confirmed the possession of the first party over the disputed land. The documents filed by the first party relates to the Daag No. 107-B. The documents filed by the second party does not relate to Daag No. 107-B. The common document of both the parties which are marked as Exhibit-05 goes to show that in the boundary in respect of disputed land, the possession of the Shagun Lal Mandal has been mentioned. The officer-in-charge of Deoghar Town police Station has reported peaceful possession of the first party over the disputed land. The Executive Magistrate has considered the letter no. 51 dated 11.01.2014 in right perspective. Therefore, this Court is of the considered view; that the finding of facts arrived at by the learned Executive Magistrate, Deoghar, which has been confirmed by the learned Additional Sessions Judge-IV, Deoghar in Criminal Revision No. 20.02.2020, do not suffer from any illegality warranting interference of this court in exercise of its power under Section 482 of the Cr.P.C.. 10. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 09th July, 2026 AFR/ Amar Uploaded on 20/07/2026