SHAUKAT ALI Vs. SADAQAT ALI

JUDGEMENT

(1.) THIS application under Section 482, Cr. P. C. arises out of proceedings under Section 145, Cr. P. C. It appears that on 27-6-1973 and 5-7-1973 two police reports were submitted to the Magistrate on the basis of which he passed a preliminary order on 27-7-1973 attaching the disputed land. The Sub-Divisional Magistrate, Mawana being unable to decide the question of possession himself made a reference to the civil court under the old Act, Thereafter, the Code of Criminal Procedure 1973 came into force on 1-4-1974 The Civil Court returned a finding to the Sub-Divisional Magistrate on 11-5-1974. Thereafter, the Sub-Divisional Magistrate passed an order in conformity with the finding on 18-5-1974. On the basis of this order, the petitioners were deemed to be in possession of the property in question on the date of the passing of the preliminary order. The opposite parties were restrained from interfering with their possession unless otherwise evicted in accordance with law.

(2.) AGGRIEVED by this order, a revision was filed before the Sessions Judge. A preliminary objection was taken mat the revision is not maintainable This objection has been rejected by the Sessions Judge, Meerut on 2-9-1975. He fixed 9-9-1975 for hearing the parties on merits of their respective cases, Aggrieved thereby the present revision has been filed in this Court.

(3.) I have heard counsel for the parties and have also perused the relevant annexures. Learned Counsel for the petitioner has drawn my attention to Section 146 (ID) of the Code of Criminal Procedure 1898 which runs thus: