MOHAMMAD HAYAT Vs. STATE AND ORS.

JUDGEMENT

(1.) LIST has been revised. Revisionists are not present. Their counsel are not present. Learned A.G.A. is present.

(2.) THIS revision has been preferred against the judgment and order dated 3.7.1990 passed by IVth Additional District Judge, Muzaffarnagar in Criminal Revision No. 45 of 1990 (Rahme Illahi and another Vs. Mohd. Hayat and 3 others) allowing the revision and setting aside the order dated 28.4.1990 passed by learned Pargana Magistrate, Sadar, Muzaffarnagar in Criminal Case No. 23/11 of 1988 (Smt. Rhmati Vs. Hayat and others) under Section 145 Cr.P.C. holding the possession of the 2nd Party.

(3.) IT transpires from the judgment that vide order dated 28.4.1990 learned S.D.M., Muzaffarnagar in Criminal Case No. 21/11 of 1988 (Smt. Rhmati Vs. Hayat and others) had declared second party, Hayat, Faiyaz and Islam in possession in the disputed plot on the relevant date and directed the first party not to interfere in their possession, unless disturbed by some competent court. Learned Judge has given the pedigree of the parties, which is as under