PRADYUMNA KRISHNA Vs. OM PRAKASH RATHI

JUDGEMENT

(1.) BEING of the opinion that in view of the Single Judge decision of this Court in the case: of Chitawan v. Mahboob llahi, 1970 AWR 119 the matter requires reconsideration, a learned Single Judge has referred this Misc. Application under section 482 CrPC to a larger Bench. That is how the matter has come up before us.

(2.) IT appears that in an application moved under section 145 CrPC the learned Magistrate held that Sri Om Prakash Rathi, who was one of the persons impleaded as an opposite party, was in possession and directed the property in question to be released in his favour and restraining the applicants from interfering with his possession.

(3.) FOR the purpose of deciding the [present case it is not necessary to express any opinion on the correctness of the view token in the case of Chitawan and others, referred to above.