JAI PRAKASH SETH Vs. CHANDRA SHEKHAR

JUDGEMENT

(1.) This revision is directed against the order of the learned Vth Additional Sessions Judge, Varanasi, dated 22-7-1998 allowing the revision of the opposite party.

(2.) Heard learned counsel for the revisionist and the learned counsel appearing for the opposite party. Both the learned counsel agreed for the disposal of this revision at this stage even without exchange of affidavits.

(3.) It appears that a proceeding under Section 145, Cr. P. C. was initiated on the report of police dated 26-6-95 stating that there is apprehension of the breach of peace between the parties with regard to the possession over the house situate in Kasba and Police Station Phoolpur, district Varanasi. Both the parties appeared on 5-7-95. The second party Chandra Shekhar filed an affidavit stating that the first party Jai Prakash took possession of his house forcibly, whereas the first party Jai Prakash sought adjournment for giving evidence with regard to his possession over the disputed house, which the learned Magistrate allowed and granted him time to give such evidence on 14-7-95. In the meanwhile, however, the learned Magistrate considering the case to be one of emergency, passed an order under Section 146(1), Cr. P. C. and attached the house in dispute on 7-7-95 and the same was given in the custody of one Phool Chandra Pandey. Thereafter the first party moved an application on 12-7-95 along with an affidavit that the aforesaid order under Section 146(1), Cr. P. C. has been passed without affording him opportunity of hearing and as such the same may be vacated. The learned Magistrate, after hearing the parties, by order dated 18-7-95, recalled his earlier order of attachment dated 7-7-95 on the ground, inter alia, that the same was passed without hearing the first party. The learned Magistrate, however, fixed 31-7-95 for hearing. Being aggrieved by the aforesaid order dated 18-7-95, the second party went in revision before the learned Sessions Judge which was heard and disposed of by the learned Vth Addl. Sessions Judge, Varanasi vide order dated 22-7-98 against which this revision has been preferred by the first party.