KARNAM VENKANNA Vs. AGADHU SAHU AND ORS.

JUDGEMENT

(1.) IN a proceeding under Section 145, Code of Criminal Procedure initiated on the report of the Police, a preliminary order was passed on 10 -12 -1968 and the properties were also attached. Sometime before the initiation of the proceedings it appears, the first party had filed an application under Section 15 of the Orissa Land Reforms Act in the Revenue Court for determination that he is a tenant under the landlord. That application was dismissed on 14 -801968 by the Revenue Court and it is said that an appeal against the order filed by the 1st party is pending. It also further transpires that during the pendency of the O.L.R. Case in the trial Court, an application was made by the first party for appointment of receiver. But that application was rejected. In view of the facts stated above, the second party in the proceeding under Section 145, Code of Criminal Procedure, requested the Magistrate to drop the proceedings which by the impugned order he refused to do. Hence this revision by Second Party.

(2.) IT is contended by Mr. Murty appearing for the Petitioner that before the proceeding under Section 145, Code of Criminal Procedure was initiated in the Criminal Court, the first party had approached the Revenue Court for necessary relief regarding declaration of his rights as a tenant and he also made an application to the Court for appointment of a receiver, a relief, which that Court was competent to grant. It is argued that since the Revenue Court having the jurisdiction to grant the relief had after proper exercise thereof refused to appoint a receiver, that circumstances should be sufficient to warrant dropping of the proceedings under Section 145, Code of Criminal Procedure.

(3.) THE revision application is dismissed.