BALBIR SINGH SAWHNEY Vs. STATE

JUDGEMENT

(1.) CRL. M. A. No. 8168/2008 allowed, subject to just exceptions. The application is disposed of. Crl. M. C. No. 2204/2008 and Crl. M. A. No. 8167/2008

(2.) THE petitioner has challenged the order dated 11th April, 2008 passed by shri H. S. Sharma, Additional District and Sessions Judge, dismissing the revision petition against the order dated 9th October, 2007 of Shri R. K. Sharma, learned SDM (Kotwali), Delhi, in proceedings under Section 145 (4) of the Code of criminal Procedure, whereby the petitioner was directed to share joint possession with respondents No. 2 and 3 and dropping the proceedings initiated on the basis of police kalandra.

(3.) LEARNED counsel for the petitioner, Mr. Khanna, has very vehemently contended that the petitioner is not in joint possession of the premises in dispute and in any case the question of possession is a question of fact which could not be decided in the proceedings under Section 145 of the Code of criminal Procedure as the question of possession could be decided only by a court of competent jurisdiction and not by the SDM.