BHAGWAT Vs. BHAGAT SINGH

JUDGEMENT

(1.) Applicant has filed this revision against the order dated 02.04.2005 passed by the Additional Sessions Judge, Bemetara in Cr. Rev. No. 276/2004 whereby the court below has reverted the order of the Sub Divisional Magistrate, Bemetara.

(2.) Brief facts of the case are that the applicant made a complaint under Section 145 Cr.P.C. stating therein that the land situated in the village Neur bearing Khasra No. 600, 460,729/1, 716 Rakba 0.52, 0.10, 0.60 and 0.42, total area of 1.64 hectares was in peaceful possession of the applicant as ownership rights and respondent No.1 is interfering the same. The Sub Divisional Magistrate, Bemetara registered a case and passed preliminary order under Section 146 Cr.P.C. whereby the land in dispute and the standing crops on the said land were seized and handed over the possession of the subject of dispute to the receiver i.e. the village Kotwar on 30.11.99. After recording the statement of both the parties, Sub divisional Magistrate passed the order dated 26.06.04 and held that the applicants' possession should not be disturbed without the order of the competent authority under the law. Respondent No.1 preferred revision before the learned Additional Sessions Judge Bemetara and the learned Sessions Judge set aside the order dated 26.06.09 on 02.04.05. Hence, this revision.

(3.) Learned counsel for the applicant submits that the learned appellate court below has committed error in not considering the important and only aspect of possession at the time of passing of preliminary order or two months prior to the passing of the preliminary order which is a paramount consideration for deciding the dispute. The court below has committed error in reverting the well reasoned order passed by the Sub Divisional Magistrate, Bemtara. The court below has committed error in giving its finding which is contrary to the material available on record specially the statement of the witness of respondent No.1.