SURESHCHANDRA BHAGIRATH Vs. SITABAI

JUDGEMENT

(1.) BY this petition, Sureshchandra seeks interference with the order of the Fifth Additional Judge to the Court of Sessions Judge in Criminal Revision No. 91/81, dismissing the petitioner Sureshchandra's revision petition.

(2.) THE facts giving rise to this petition in short are as follows : - On 22nd June, 1981, the Police Mhow (the non -applicant No. 19) submitted a report under section 145 of the Code of Criminal Procedure before Sub -Divisional Magistrate, Mhow, alleging that a dispute likely to cause a breach of the peace existed between the petitioner Sureshchandra on the one hand and the non -applicants No. 1 to 18 on the other hand concerning agricultural lands with survey Numbers 1009, 1014, 1015, 1018, 1169, 1200, 1243, 1245, 1278, 1244, 1200/1357, 1244/1368, situated in village Gavli Palasiya, Tahsil Mhow. The Sub -Divisional Magistrate being satisfied, passed a preliminary order the same day calling upon the parties to submit the written statements of their respective claims to the property in dispute. He also passed an order under section 146(1) of the Code of Criminal Procedure directing the attachment of the lands in dispute and appointed the non -applicant No. 20 the Tahsildar, Mhow, a receiver for them.

(3.) DISSATISFIED with the order of the Sub -Divisional Magistrate attaching the property in dispute and appointing a receiver for it, the petitioner Sureshchandra preferred a revision petition before the Fifth Additional Judge to the Court of Sessions Judge, Indore which the learned Additional Sessions Judge dismissed on the ground that the impugned order was interlocutory and that he did not have inherent powers to give redress to the petitioner. This led the petitioner Sureshchandra to submit this petition.