MAHANT RAMRATANDAS Vs. MAHANT NARAYANDAS

JUDGEMENT

(1.) THIS revision petition is directed against the revisional order dated 9-7-1987 passed by the IVth Addl. Sessions Judge, Indore in Criminal revision No. 36 of 1987 whereby the order dated 28-10-1986 passed by the S. D. M. , indore dropping the proceedings under section 145 of the Criminal Procedure code, 1973 (for short 'the Code') has been set aside and the case has been remanded to him with a direction that the inquiry be held and final order be passed.

(2.) CIRCUMSTANCES giving rise to the revision petition are these. The non-applicant No. 1 Mahant Narayandas on 30-6-1984 moved the learned S. D. M. under Section 145 of the Code alleging that he is in possession of the property belonging to the Hansdas Vidya Peeth and situate at 36, Luhar Patti, Indore and the present applicants and others are attempting at his forcible dispossession. According to him his son Yajatradas is the Mahant under a will executed by the last Mahant Shesh Narayan.

(3.) THE learned Magistrate, the same day passed a preliminary order. He also ordered attachment of the property in dispute and appointed a receiver.