MAGANLAL Vs. RAM SINGH

JUDGEMENT

(1.) This revision petition is directed against the order passed by 2nd Addi. Sessions Judge Shajapur, in. the matter of Criminal Revision No. 28188, by which he set aside the order of Sub-Divisional Magistrate Susner passed in Criminal Case No. 77/86:

(2.) The facts briefly stated are as under. On 18.8.1986, non applicant No. 1 Ramsingh sb Simaji Bheel Adiwasi, preferred an application before S.D.M. Susner in view of provisions of 5. 145 Cr. P.C. In that application, he prayed that no interference be done in respect of his rights in context with survey No. 2/3 from Mothada P.S. Nalkheda, Dist. Shajapur. In that petition he pointed out that he had filed a civil suit in the Court of Civil Judge Class II Susner bearing No. 197/80 against Maganlal s/c Narsinglal Kulmi and others in which he got temporary injunction in his favor and against them. He pointed out that Maganlal was likely to dispossess him by force.

(3.) In the said matter it appears from the petition of the present petitioner that on 21.9.1986 Station Officer P.S. Nalkheda took possession of the said land from the present revision petitioner and delivered it to the Receiver Shri Ranjitsingh and panchnama to that effect was drawn by the Station House Officer. It appears from the revision petition itself that the petitioner filed a revision petition in the High Court of M.P. against the order of Civil Judge Susner granting injunction in favor of Ramsingh, but the said revision petition was dismissed as non-maintainable. The 2nd AddI. Sessions Judge Shajapur set aside the order of Sub-Divisional Magistrate Susner in the matter of Criminal Case No. 77/86 which was in favor of petitioner No. 1. Being aggrieved by that, the present revision petition has been filed.