GANPATI KUNDALIKA DUBAL Vs. SHARMUA KRISHA KADAM

JUDGEMENT

(1.) THE State on a dispute over, the land initiated proceedings under section 145 of the Code of Criminal Procedure. The Special Executive Magistrate came to the conclusion that at the time of dispute the applicant Ganpati Kundalika Dubal and others were in possession of the suit field and directed to handover the paddy crop to the petitioners.

(2.) RESPONDENT No. 1 being aggrieved by the, order of the Magistrate preferred Criminal Revision Application. The Additional Sessions Judge; by the impugned order, dated 21. 12. 1987 reversed the order of the Magistrate. Hence this Revision.

(3.) HEARD Mr. Patil at length. According to him, the Additional Sessions Judge has misdirected himself while deciding the issue. He urged that the only question in the proceedings under section 145 of the Code was that whether the petitioner was in possession of the suit land at the relevant time? However, the Sessions Judge has gone into the question of the title of the petitioner and, therefore, came to the conclusion that the petitioner was not in possession of the land at the relevant time.