KANSI RAM Vs. INDER SINGH SOLANKI

JUDGEMENT

(1.) This petition has been filed challenging the judgment and order dated 7.11.2002 of the Additional Sessions Judge, Delhi in Crl.Rev.No.28/2002 whereby the learned Judge has reversed the order of the Sub Divisional Magistrate in case no.132/2001 under Section 145 Cr.P.C.

(2.) It is contended by counsel for the petitioners that the Additional Sessions Judge completely overlooked the fact that possession of the land by the petitioner had been established by evidence on record which was relied upon by the Sub Divisional Magistrate and has been wrongly interpreted by the Additional Sessions Judge. He fortifies his argument by showing that an application had been moved in The High Court being Crl.M.A.3564/2003 wherein the respondents have clearly stated that they have come into physical possession of the disputed land at the instance of the Station House Officer who put them into possession on 11th November, 2002. This application is supported by an affidavit which clearly shows that the respondents were not in possession prior to the order of the learned Additional Sessions Judge.

(3.) Counsel for the respondents submits that this court will not disturb findings of fact by reappreciating the evidence on record and that the Additional Sessions Judge having elaborately gone into the matter it is not open nor correct for this court to interfere in the same.