YAQOOB ALI KHAN Vs. DEVENDRA SINGH BEDI

JUDGEMENT

(1.) R. K. Saksena, J. The litigation has a chequered career covering over a quarter of century and it is certain that even this order will not bring the fall of curtain upon it. A large tract of land measuring about 200 big has of land in Kichha, district Nainital became subject matter of proceedings under Section 145 of the old Code of Criminal Procedure and on attachment in 1963 A. D. became custodia-legis. The parties are ad-idem that the Station Officer, Police Station Kichha, district Nainital, was directed to act as supurdar of the subject of dispute which remained fallow atleast till 14-8-1987, the date on which delivery of possession over it was effected by the supurdar, who was Station Officer, Police Station Kichha, District Nainital in favour of the opposite party No. 2 through his mukhtar-am.

(2.) A brief history of litigation may be useful for appreciating the points convassed before me. The Magistrate seized of the matter, exercising powers under Section 146 of the Old Code of Criminal Procedure referred to the matter to Munsif, having jurisdiction who, in his turn, recorded a finding on 27-11-1983 in favour of the petitioner, Yaqoob Ali. Immediately thereafter, opposite party No. 2 filed a civil suit for setting aside that order and for declaration that the disputed property belongs to him. The Suit No. 292 of 1963 in the Court of the Munsif, Nainital, was decreed on 16-6-1976. The unsuccessful party, namely, Yaqoob Ali vainly assailed that decree in the district court and has now approached this Court on civil side. It is not necessary to refer to those proceedings. Suffice it to say that from the District Civil Court Yaqoob Ali was unsuccessful in January, 1983.

(3.) I have heard the learned counsel for the parties. A preliminary objection was raised on behalf of the opposite party No. 2 to the effect that after the dismissal of the Criminal revision filed by the petitioner in the Court of Session against the order dated 25-1-1983, it is not open to the petitioner to pray for invoking the powers of this Court under Section 482 of the Code of Criminal Procedure. Reliance was placed on the decision of the Supreme Court reported in 1987, JUDGMENTS TODAY, page 637. Rajan Kumar Manchanda v. State of Karnataka, In this decision, the bar imposed by Section 397 sub-clause (3) of the Code of Criminal Procedure was considered and it was remarked that : "merely by saying that the jurisdiction of the High Court for exercise of its inherent power was being invoked, the statutory bar could not have been overcome. If that was to be permitted every revision application facing the bar of Section 397 (3) of the Code could be labelled as one under Section 482. " The principle of law enunciated in this Division Bench decision, can be safely applied in the instant case. Learned counsel for the petitioner drew my atten tion towards some decisions of this Court in which it has been held that the inherent powers of this Court are very wide and such powers can be invoked even if no revision lies in view of Section 397 (3) of the Code. These decisions lose those importance and the principles laid down therein cannot be implemented now in view of the pronouncement of the Supreme Court. Thus, the preliminary objection prevails and this petition must fail as not maintainable.