PARASRAM Vs. ARVIND

JUDGEMENT

(1.) This application under Section 482 of Code of Criminal Procedure. has been filed at the instance of party No. 1-Parasram against the order dated 6-7-2009 passed by learned Second Additional Sessions Judge (Fast Track Court), Ganj Basoda, Distt. Vidisha, in criminal revision No. 156/2007, whereby order dated 24-7-2007 passed by learned Sub-Divisional Magistrate, Ganj Basoda, in case No. 4/06/145, Code of Criminal Procedure. has been reversed and set aside.

(2.) Indeed the applicant/party No. 1 ought to have filed a revision application before this Court under Sections 397 and 401 of Code of Criminal Procedure. because the original order dated 24-7-2007 passed by learned Sub-Divisional Magistrate under Section 145 of Code of Criminal Procedure. is in his favour and by this order it was directed to deliver possession to him and it has been set aside by learned revisional Court allowing the revision application of Respondents/party No. 2 and thereby setting aside the order of learned Sub-Divisional Magistrate by further directing to deliver possession to party No. 2/Respondents. This application under Section 482 of Code of Criminal Procedure. has been filed by the applicant on 17-7-2009 which is also within the period of limitation prescribed to file criminal revision, hence, in order to serve justice, this application under Section 482 of Code of Criminal Procedure. is treated as a revision application under Sections 397 and 401 of Code of Criminal Procedure.

(3.) On the complaint submitted by Station Officer in-charge of police Station, Tyonda, dated 9-2-2006 in respect of certain agricultural land, the description whereof has been mentioned in the impugned order, a preliminary order of attachment was passed by learned Sub-Divisional Magistrate on 10-2-2006 since there was an apprehension of breach of piece and the lands in question were given in Supurdgi to village Chaukidar Gayaprasad along with the standing crop. The order of attachment was assailed before the learned revisional Court by applicant/ party No. 1 by filing criminal revision No. 55/2006 before learned Second Additional Sessions Judge (Fast Track Court), Ganj Basoda, who vide its order dated 12-3-2007 directed learned Sub-Divisional Magistrate to decide the matter finally because the evidence of the parties has already been recorded. The said order dated 12-3-2007 of revisional Court is in the file of learned Sub-Divisional Magistrate and this fact is also admitted to the parties.