DEONATH RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been filed against the judgment and order dated 24 -5 -1995 passed by the 1st Additional Sessions Judge, Ghazipur whereby the order 16 -1 -1993 passed by the Sub -Divisional Magistrate was set aside in proceedings under Section 145, Cr.P.C.

(2.) IN brief the facts of the present case are that a preliminary order was passed by the SDM in proceedings under Section 1 -45, Cr.P.C and against the said preliminary order dated 16 -1 -1993 revision was filed which was allowed vide order dated 24 -5 -1995 and the impugned order dated 16 -1 -1993 was set aside and the proceedings under Section 145, Cr.P.C were quashed. Being aggrieved by the said order this revision has been filed.

(3.) LEARNED Counsel for the revisionist contended that the learned Ad ­ditional Sessions Judge wrongly held that earlier proceedings under Section 145, CrPC had started in respect of the same plots. It was argued that plots in the second proceedings were totally different and fur ­ther the order of the earlier proceedings was not filed before the Magistrate and was filed for the first time before the learned Additional Sessions Judge.