SULTAN AHMED Vs. DUSTARI BEGAM

JUDGEMENT

(1.) THIS revision is directed against the order dated 9-5-1997 passed by the Second Additional Sessions Judge, Ujjain in Cr. Rule 82/95 setting aside the order of Sub-Divisional Magistrate Ujjain passed under section 145, Criminal Procedure Code and remanding the case for hearing afresh.

(2.) THE dispute relates to a house over which the applicant and the respondents 1, 2, 3, claim their respective possession. Police, Kharakuwa, Ujjain made a complaint under section 145, Criminal Procedure Code to the S. D. M. Ujjain that their exists dispute between the parties over the said house and which is likely to cause breach of peace. Learned S. D. M. passed order dated 19-2-1992 directing for registration of a case under section 145 and for issuance of notice to the parties calling upon them to put in written statement of their respective claim as respects the fact of actual possession to the said house. Both the parties filed their written statement. The evidence of applicant Sultan Ahmed, who was arrayed as party No. 1, was recorded. Respondents 1, 2, 3 (Party No. 2 in the said case) instead of producing any evidence made an application under sub-section (5) of section 145 claiming that no such dispute, as alleged, exists. They, therefore, prayed that further proceedings be stayed and the order passed under sub-section (1) be cancelled. Learned S. D. M. not only dismissed the application but also closed respondents' right to lead evidence in the case. Thereafter final order was passed in the case on 3/6/1995 declaring possession of the applicant herein over the house in dispute.

(3.) THE respondent (No. 1) challenged the order in revision before the Additional Sessions Judge, Ujjain who vide order impugned set aside the order and remanded the case back to the S. D. M. for deciding it afresh from the stage of passing of preliminary order under section 145 (1), Criminal Procedure Code.