CADGLIN A DSOUZA Vs. HARICHANDRA VANJUMAL SANGTANI

JUDGEMENT

(1.) This is a petition filed by the petitioners who were originally the opposite parties in proceedings under section 145 of the Criminal Procedure Code. Respondent No. 1 to this petition was the first party who commenced the proceedings under section 145 of the Criminal Procedure Code on 6-6-1981 before the Executive Magistrate, Greater Bombay, Court No. 1, Old Customs House. On 13-6-1975, the Executive Magistrate passed a preliminary order as required by section 145 and proceeded with the enquiry. The petitioner was joined as opposite party to that proceedings. The enquiry was completed by the Executive Magistrate and he passed the final order on June 22, 1981. The Executive Magistrate held that the respondent No. 1 was in possession of the disputed premises as mentioned in his order.

(2.) This order was challenged by the petitioners before the Sessions Court, Greater Bombay in revision. The learned Additional Sessions Judge, Greater Bombay rejected the revision application after recording his reasons by his order dated November 19, 1981.

(3.) It is the revisional order of the learned Additional Sessions Judge, which was been challenged by the petitioner by way of invoking the powers of this Court under Article 227 of the Constitution of India. I have heard the learned advocates of the parties and also of Public Prosecutor. The learned Advocate for the petitioner contended that the orders of the Court below are vitiated by an error apparent on the face of record and, therefore, this Court should interfere and examine the record. It was pointed out that a criminal prosecution was filed at the instance of respondent No. 1 in regard to certain offences which are described under sections 380, 341 and 454 of the Indian Penal Code. The offences relate to house-breaking and commission of theft from the complainants premises. The complainant in the criminal case is the original first party before the Magistrate. This Criminal Case was numbered as 2698/P/1975. This was initiated earlier in the sense that the complainant alleged that between the period of 18-5-1975 to 20-5-1975 respondent No. 1 petitioner herein and three others committed various acts which are covered by sections 454, 380, 341, r/w 114 of the Indian Penal Code. On the basis of this complaint a police case was filed and the prosecution ended in acquittal of the petitioners, by the judgment and order passed by the Additional Magistrate Chief Metropolitan, 9th Court, Bandra, Bombay on November 21, 1978.