AKHLAKH AHMAD Vs. VAHID ALI ANSARI

JUDGEMENT

(1.) I have heard the learned counsel on both sides. These present proceedings come to this Court, as a result of a petition moved under section 145 of the Code of Criminal Procedure, on which a preliminary order was passed by the learned Magistrate on 30-5-1983. The property in dispute was attached on 23.6-1983. A final order was passed, by the learned Magistrate on 7-6- 1984. This was criminal case No. 111 of 1983 initiated by Akhlakh Ahmad against Dr. Vahid Ali Ansari.

(2.) Against the order of the learned Magistrate dated 7-6-1984, a criminal revision was filed being Criminal Revision No. 32 of 1984 by Dr. Vahid Ali Ansari and the learned Additional Sessions Judge, Gyanpur, Varanasi by his order dated 11-10-1985 allowed the revision, set aside the impugned order dated 7.6.1984 and directed remand of the case for decision afresh on the question of possession over the disputed property in accordance with law and in the light of the observations made in the body of the judgment.

(3.) The only grievance of the revisionist before me is that in the body of the judgment, the learned Additional Sessions Judge has made certain observations regarding the merits of the case and at two places at least he has recorded a finding of fact regarding the possession of one of the parties; and it is contended that this was not open to the learned Additional Sessions Judge to do so in view of the case of Mahavir and others v. State of U.P.