JOYAL BECHAK Vs. SUBHASH SAWAL AND ANOTHER

JUDGEMENT

(1.) Invoking jurisdiction of this Court under section 482 of the Cr.P.C., 1973 the petitioner herein calls in question the order dated 12-4-2017 passed by the Sessions Judge, Bastar at Jagdalpur in Criminal Revision No. 5/2017 by which the learned Sessions Judge has declined to set aside the order dated 10-2-2017 passed by the Sub-Divisional Magistrate, Jagdalpur, directing restoration of possession to respondent No. 1 in exercise of power conferred under section 145 of the Cr.P.C., 1973

(2.) The aforesaid challenge has been made on the following factual backdrop:-

(3.) Dr. N.K. Shukla, learned Senior Advocate appearing for the petitioner, would submit that the learned Sub-Divisional Magistrate has committed legal error in determining the actual date of dispossession on the date of passing of preliminary order. He would further submit that the learned Magistrate while granting final order did determine the date of dispossession prior to next two months before from the date of passing of preliminary order and thereby committed a legal error and as such, the conditions precedent for exercise of power under section 145 (1) and (4) of the Cr.P.C., 1973 have been recorded by the learned Magistrate. Therefore, the order impugned passed by the learned Sessions Judge upholding the order passed by the Sub-Divisional Magistrate deserves to be set aside.