GANGARAM Vs. BERAT KUNWAR

JUDGEMENT

(1.) THE present revision petition is against the order dated 20.1.1989 passed by the Second Additional Sessions Judge, Raigarh, in Criminal Revision No. 154 of 1987, reversing the preliminary order of the Sub -Divisional Magistrate, Raigarh, dated 24.11.1987 passed in Miscellaneous Criminal Case No. 540 of 1987, under section 145 (1) of the Code of Criminal Procedure.

(2.) THE submission of the learned counsel for the applicants is that there is a dispute of possession between the parties over the lands Khasra No. 58/1 area 5.030 Hectares and Khasra No. 896/1 area 2.031 Hectares, which are in exclusive possession of the applicants. Since the non -applicants tried to take the law in their own hands and wanted to interfere in the peaceful physical possession of the applicants, the applicants approached the Court of Sub -Divisional Magistrate under section 145, CLP.C. On 24.11.1987, the Sub -Divisional Magistrate, Raigarh, passed a preliminary order attaching the lands and issuing notice to the non -applicants for submission of their written reply but the non -applicants, instead of submitting their written reply, approached the revisional Court and the revisional Court has wrongly reversed the preliminary order, which is of an interlocutory nature and no revision lies against such an order. The non -applicants have a remedy of submitting written reply to the trial magistrate showing that no such dispute as aforesaid exists or has existed.

(3.) THE submission of the learned counsel for the non -applicants is that after partition, proceedings are still pending for recording the names of the parties. The lands in dispute being recorded jointly, proceedings under section 145, Cr.P.C. are not maintainable.