BANMALI Vs. KANAHIYA

JUDGEMENT

(1.) THIS revision petition is directed against an order passed by the Sub-Divisional Magistrate under section 145 read with sub-section (1B) of section 146 of the Code of Criminal Procedure.

(2.) THE petitioner (hereinafter referred to as the applicant) had filed an application in the Court of the Sub-Divisional Magistrate, Seondha, under section 145, Criminal Procedure Code against the non-applicants in respect of the land in dispute. THE learned Sub-Divisional Magistrate attached the land as there was an apprehension of breach of the peace. THEreafter, he being unable to decide as to which of the two parties was in possession of the land referred the matter to the Civil Judge Class II, Datia, under section 146(1), Criminal Procedure Code. THE Civil Judge found that the non-applicants were in possession of the disputed land. On the basis of this finding the Sub- Divisional Magistrate passed an order in favour of the non-applicants direct- ing that the possession of the land be handed over to the non-applicants. THE applicant thereupon filed a revision petition which was dismissed by the Sessions Judge, Shivpuri. Being aggrieved thereby he has come up in revision before this Court.

(3.) WITH great respect I am unable to agree with the aforesaid view. There can be no doubt that the High Court is competent to entertain a revision petition against an order passed by the Sub-Divisional Magistrate under subsection (18) of section 146 Criminal Procedure Code, but such an order can be challenged only if it is not in accordance with the finding of the civil Court. In my opinion the expression "any revision or review of any such finding" in sub-section (1D) of section 146 are wide enough to cover a revision of such a finding even under the Code of Criminal Procedure. There appears to be no justification for construing this expression narrowly so as to confine it to revision under the Code of Civil Procedure particularly because the object of sections 145 and 146 is to settle a dispute as to possession expeditiously in the interests of public peace. It is significant that the orders passed under the said section are only of an interim nature until the matter is decided by a Court of competent jurisdiction. This has been amply made clear by sub section (IE) of section 146 of the Code of Criminal Procedure.