KAMLA Vs. GHASITA SINGH

JUDGEMENT

(1.) SMT. Kamla, first party has preferred this revision against the judgment and order dated 5-1-85 passed by Sri J. P. Gupta, II Additional District and Sessions Judge, Bijnor in Criminal Revision No. 74 of 1984 arising out of judgment and order dated 14-6-84 passed by Sri Hari Krishna S. D. M Dhampur, District Bijnor in case no. 35 of 1984 arising out of proceedings under Section 145 CrPC.

(2.) THE preliminary order initially was passed under Section 145 (1) CrPC by learned S. D. M. on 5-12-81. Due to soma: error it was substituted by another order dated 14-5-84.

(3.) AGGRIEVED by that order, Smt. Kamla has filed the present revision in this court Learned counsel for the revisionist has argued that under Sections 145 and 146 CrPC, the jurisdiction to decide the question of possession is vested in the Magistrate and the revisional court cannot go into that question and hold one or the other party to be in possession over the disputed property. It is therefore argued that the present revision should be allowed and the order of the learned II Additional District and Sessions Judge, Bijnor dated 5-1-83 should be set aside.