UGRASENA SAHU Vs. KHUTULU SAHU

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the final order passed by the High Court of Orissa in a criminal Revision, on an application being filed under Section 482, Criminal Procedure Code. in a proceeding under Section 145, Criminal Procedure Code.

(3.) On the basis of the materials produced, the Magistrate disposed of the proceedings under Section 145, Criminal Procedure Code. holding that the appellants were in possession of the disputed land on the date of issuance of the preliminary order under sub-section (1) of Section 145, criminal Procedure Code. Against the said order an application was filed to the Revisional Court but the revision itself was dismissed and the order of the magistrate holding the possession of the land in favour of the appellants was affirmed. This order was assailed in the High Court by filing a petition under Section 482, Criminal Procedure Code. The High court by the impugned order, being of the opinion that the present respondent had not been given opportunity of filing his written statement and adduce evidence in support of his case, set aside the impugned direction and remitted the matter. It is against this order, the present appeal has been preferred.