KHUDAJANVI Vs. ASLAM MOHAMMAD AND OTHERS

JUDGEMENT

(1.) The present revisionist takes exception to the order dated 22.10.2010, passed by the Court of II Additional Sessions Judge, Mungaoli, District Ashoknagar, whereby while deciding Criminal Revision No.66/2009 the Court below has set aside the order dated 25.5.2009 passed by Sub Divisional Magistrate, Chanderi, (for brevity, the 'SDM') in exercise of power under Section 145(6) of the Criminal Procedure Code, 1973 (for brevity, the 'CrPC').

(2.) The facts leading to filing of the present revision application lie in a narrow compass. The present applicant claims to be the owner of the land in question in furtherance to allotment letter issued by the Kaji Bunkar Grih Nirman Samiti, Chanderi (in short, the 'Housing Society'). The case of the present applicant is that the Housing Society handed over the possession of the land in question, however, the new President of the Housing Society allotted the same land in favour of respondent No.1, due to which an altercation arose between the parties. Consequently, an application under Section 145 of CrPC was made before the SDM, Chanderi. The SDM, Chanderi, handed over the possession of the land in question to an independent person, i.e., one Mr. Raees Khan, till the decision of the application. While this arrangement was in place, the present applicant filed a civil suit and an order dated 17.12.1998 was pronounced by the Civil Court in favour of the present applicant, which prima facie established the possession of the applicant. The order passed by the Civil Court was taken cognizance of by the SDM and the order dated 14.8.2000 was passed to drop the proceeding under Section 145 of CrPC. While concluding the proceedings, the SDM Chanderi instructed Raees Khan, who was handed over the possession of the land in question, till conclusion of the proceeding under Section 145 of CrPC, to return back the possession to the applicant.

(3.) The respondents proceeded to challenge the order passed by the SDM on 14.8.2000, in which a stay order dated 5.9.2001 was also passed with respect to the operation of the order dated 14.8.2000, however, the revision application was rejected by the Sessions Court on 10.12.2004 giving a stamp of approval to the order dated 14.8.2000.