BANKEY Vs. JAGDEO

JUDGEMENT

(1.) THIS petition under Section 482, Code of Criminal Procedure had been referred to a Larger Bench by dated 24th July, 1978 by the learned Single Judge of this court who did not feel inclined to agree with the view expressed in the case Ramadhin v. Shyama Devi and others, 1977 Cr LJ 453.

(2.) THE short facts are that in respect of plot Nos. 37 38, 323 and 325 of village Mohrania, district Kheri, an application for proceedings under Section 145, Code of Criminal Procedure was made by Smt. Jagdei opposite party No. I whereupon a police report was submitted and a preliminary order under Section 145, Code of Criminal Procedure was passed by the concerned Executive Magistrate on 30-11-1976 calling upon the parties for filing their written statements in respect of their claims.

(3.) THE matter was challenged in revision before the learned Sessions Judge who held that the order dated 22-2-1 77 was only a routine order and was not a final order, and therefore, the revision was not maintainable.