JAYAKUMAR KALLATH Vs. PREMA VIDHYATHARAN

JUDGEMENT

(1.) This revision is against the order of the learned Executive First Class Magistrate, Pollachi in M.C. No. 18 of 1991 under Sec. 145, Code of Criminal Procedure.

(2.) The respondent herein moved before the Executive I Class Magistrate Pollachi, with a petition under Sec. 145, Code of Criminal Procedure to protect her possession on the allegation of interference by the respondent before the Magistrate. The Executive Magistrate passed preliminary order under Sec. 145(l), Code of Criminal Procedure and also called upon both parties to file their documents to support their claim of possession and after the filing of the counter by the petitioner herein who was the counter-petitioner before the Executive Magistrate, the Executive Magistrate passed the order in favour of the respondent herein with a direction that his possession shall not be disturbed by anyone including the petitioner herein. It is against the order of the Executive I Class Magistrate, this revision is filed challenging its validity.

(3.) The learned counsel appearing for the revision petitioner would argue that the learned Executive I Class Magistrate has passed final order under Sec. 145(6) of the Code without giving an opportunity the counter-petitioner to produce his evidence and further the learned Executive I Class Magistrate misconceived the fact from the counter filed by the counter-petitioner as though he had admitted the possession of the entire 51 cents by the petitioner and therefore the wrong assumption of possession by the petitioner has misled the Executive I Class Magistrate to pass an erroneous order, even without giving an opportunity to produce the evidence of the counter- petitioner and therefore the order of the Executive I Class Magistrate has to be set aside.