FAKIRBHAI CHHAGANLAL Vs. RANJIT RATILAL

JUDGEMENT

(1.) Both these petitions are filed challenging the same order passed by the learned Additional City Sessions Judge Ahmedabad on 27-5-1981 by which he dismissed Criminal Revision Application no. 42 of 1981 holding that the recession application does not lie. While dismissing the said revision application though he held that revision application is not maintainable observed that point no. 2 raised by him Whether the learnt Metropolitan Magistrate has erred in ordering the restoration of possession (under sec. 456 of the Cr. P.C.) to the complainant? does not survive for consideration and if necessary in the affirmative.

(2.) Being aggrieved by the said order of the learned Additional City Sessions Judge pertaining to point no. 2 raised by him in the affirmative original complainant Ranjithbhai Ratilal has come to this Court by way of Criminal Revision Application no. 449 of 1981 and original accused Fakirbhai Chhaganlal Bhagat who had filed the revision application before the learned Additional City Sessions Judge has come to this Court by way of Special Criminal Application no. 695 of 1982 with a grievance that the learned Sessions Judge has erred in holding that the revision was not maintainable.

(3.) So far as the grievance of original complainant Ranjitbhai Ratilal in the revision petition is concerned I must say that it is quite justified. If the Court comes to the conclusion that it has no jurisdiction to hear a particular matter it is not open for that Court to give a finding on a particular disputable point wherein the party against whom that finding is given has no scope to approach any higher Court except by way of present type of revision petition with a request to expunge the finding. It is therefore necessary that when a Court is having no jurisdiction to any particular type of proceeding it should desist from giving a finding on a particular disputable point. If the matter would have been this much. I would have allowed Criminal Revision no. 449 of 1981. But the matter does not rest here.