DILDAR KHAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under Section 482, Cr. P. C.

(2.) PROCEEDINGS under Section 145. Cr. P. C. were initiated against the applicant and opposite party No. 2 in the court of S. D. M. , Budaun on the basis of a police report dated 13-11-1973. The preliminary order under Section 145, Cr. P. C. was passed by the learned Magistrate on 31-12-1973 attaching the land in dispute. Evidence was led by both the parties in support of their claim of possession over the land in dispute. The learned Magistrate was unable to decide the question of possession and referred the matter to the civil court for decision under Section 146, Cr. P. C. The learned Munsif, Budaun by his order dated 82-1975 held that the opposite party No. 2 was in possession of the disputed land at the relevant time. The learned S. D. M. . Budaun passed en order dated 14-3-1975 in accordance with the finding of the learned Munsif declaring that the opposite party was in possession of the land in dispute on the date of the preliminary order and two months prior to it and that he was entitled to retain such possession until ousted by due course of law and forbade dispossession. The applicant filed Criminal Revision No. 33 of 1975 against the aforesaid order of S. D. M. , Budaun dated 14-3-1975 in the court of Sessions Judge, Budaun which was dismissed by the learned Sessions Judge by his order dated 3-4-75 on the finding that the revision was governed by the Code of Criminal Procedure, 1898 and the finding of the learned Munsif could not be challenged in view of Section 146 (1d), Cr. P. C, 1898.

(3.) THE order of the S. D. M. , Budaun dated 14-3-1975 was passed after the Code of Criminal Procedure, 197,' came into force on 1-4-1974. The Code of Criminal Procedure. 1898 was repealec by Section 484. Cr. P. C, 1973. It is therefore obvious that the revision against the order of the S. D. M. , Budaun dated 14-3-1975 could only be filed under Section 397, Cr. P. C, 1973 and not under the Code of Criminal Procedure, 1898.