ARJUN Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against the order of VI Additional District and Sessions Judge, Aligarh dated 27- 7-1987 in Criminal case No. 502 of 1986 allowing the revision of Sukha arising out of proceedings under Section 145, Cr. P. C. initiated between Shkha and Arjun and others in the Court of S. D. M. III, Khair, district Aligarh.

(2.) IT appears that the proceedings under Section 145, Cr. P. C. were initiated before the Magistrate at the behest of Sukha. By a reasoned judgment and order dated 17-12-1986 the Magistrate held that Arjun and others were in possession of the disputed plots and, therefore, directed that the attached property be released in their favour. He had obviously held simultaneously that first party Sukha was not in possession. Aggrieved, Sukha had filed a revision before the Sessions Judge and two points were urged before the lower Revisional Court: (1) That the Magistrate has not apprised himself of the correct evidence on the record. (2) That there is no finding that there was initial necessity of passing an order under Section 146 (1), Cr. P. C.

(3.) THE aforesaid points of the learned Counsel for the applicants took this Court to the entire discussion as recorded in the impugned order dated 17-12-1986.