VIDHYA DEVI Vs. SAHDEVI

JUDGEMENT

(1.) This criminal revision has been directed against the judgment and order dated 18.10.2002 passed by Additional District & Sessions Judge, Court No. 4, Etawah in Criminal Revision No. 133 of 1999 Smt. Sahdevi v. State of U.P. and Ors., whereunder the revision has been allowed and the order dated 31.3.1999 passed by Sub Divisional Magistrate, Bharthna, Etawah in Case No. 30/17/30 of 1997, under Section 145 Cr.P.C. Sahdevi v. Smt. Vidhya Devi and Ors. has been set aside and the case has been remanded to the court below for decision afresh.

(2.) I have heard Dr. K.P. Bajpai, learned Counsel for the revisionists, learned A.G.A. for the respondent No. 2 on this revision and perused the record. None has appeared on behalf of respondents No. 1 and 3 to oppose this revision.

(3.) The learned Counsel for the revisionists has contended that the court below has ignored the settled findings of the learned Sub Divisional Magistrate, which is based on documentary evidence i.e. sale deed executed by the earlier owner, the father of both revisionists and the respondent No. 1, in favour of his daughter Smt. Vidhya Devi. The learned court below has passed the impugned order without upsetting the settled findings in respect of title and possession over the land in dispute. The learned Magistrate has passed the final order under Section 145 Cr.P.C. in above case.