RAMDHANI PANDEY Vs. RAGHUNATH PANDEY

JUDGEMENT

(1.) K. N. Ojha, J. Heard Sri Dev Kant Pandey, learned Counsel for the revisionist, learned AGA and have gone through the record.

(2.) INSTANT revision has been filed against order dated 28-8-2006 passed by Sub-Divisional Magistrate, Pindara, District Varanasi, in Case No. 5 of 2006, Raghunath Pandey and Anr. v. Ramdhani Pandey, whereby proceeding under Section 145 Cr. P. C. was dropped.

(3.) THE learned Sub-Divisional Magistrate also observed that there may be some mutual adjustment but there being no formal and legal partition of the property order under Section 145 Cr. P. C. cannot be passed. THE position of law is clear that unless there is a formal partition in accordance with law amongst the parties, it cannot be held that any party is in exclusive possession of any part of the property. Section 145 Cr. P. C. requires specific finding about exclusive possession of a particular party. When the parties are real brothers. in law they have joint possession over the property and no order can be passed under Section 145 Cr. P. C.