MAHANT LAL DAQS Vs. JAITRAM

JUDGEMENT

(1.) THE Applicant/Petitioner has preferred this criminal Revision under Section 397/401 of the Code of Criminal procedure being aggrieved by the order dated 19-4-2003 passed by the Additional Sessions Judge, Janjgir, in Criminal Revision No. 443/2002 arising out of the order dated 30 -11 -2002 passed by the Sub Divisional Magistrate, Janjgir in Criminal Case No. 128/2002.

(2.) BRIEF facts leading to filing of this criminal revision are that the Applicant moved an application before the Sub Divisional Magistrate Janjgir under Section 145 read with Section 146(1) of the Code of Criminal Procedure alleging that the Applicant was every year sowing the paddy crop in the agricultural land bearing Khasra No. 314/6, area -15.65 acre of village Bodsar, Tehsil Janjgir. This year i.e. 2002 the Applicant also has sown the paddy crop which was ready for reaping.

(3.) AGAINST this order the non -Applicants preferred a revision before the Additional Session Judge Janjgir and the learned Additional Sessions Judge after hearing the parties allowed the revision by the impugned order and set -aside the order passed by the learned Sub Divisional Magistrate under Section 146(1) of the Code of Criminal procedure and remanded the case with direction to proceed with the proceeding under Section 145 of the Code of Criminal procedure in accordance with law.