ATIQ KHAN Vs. ASHRAF KHAN

JUDGEMENT

(1.) V. N. Mehrotra, J. This revision has been filed against the judgment dated 15-11-190 by Shri S. K. Srivastava, Sessions Judge, Saharanpur passed in Criminal Revision No. 527 of 1990 Ashraf Khan v. State of U. P. and another.

(2.) THE facts in brief are that the present revisionist Atiq Khan moved an application before the S. D. M. , Deoband asserting that he was the owner of one half of the property as detailed in the application while the opposite party was also the owner to the same extent. He has asserted that the opposite party was damaging the trees existing over a portion of that land and when he tried to intervene the opposite party abused him and also attacked him. THE applicant asserted that there was likelihood of breach of peace relating to the possession over the land in question.

(3.) I have heard the learned counsel for the parties and have perused the record of the case. The learned counsel for the applicant has referred to the decision in the case of Indra Deo Pandey v. Smt. Bhagwati Devi, 1981 AWC 314 (DB), in which this question was considered in detail. It was held that order passed under Section 146 (1), Cr. P. C. in proceedings under Section 145 (t), Cr. P. C. was an interlocutory order and no revision was maintainable. This view has been taken by this Court in a number of other decisions also.