MADHAB CHANDRA NAIK Vs. ASHAI DEVI

JUDGEMENT

(1.) THIS revision application under the Code of Criminal Procedure has been filed at the instance of the second party challenging the final order of the Sub -Divisional Magistrate, Bamanghaty, Rairangpur, dated 30th of April, 1977, in a proceeding under Section 145 of the Code holding that the first party was in possession of the disputed property excepting plot No. 60. Aggrieved by this decision of the learned Magistrate petitioners had filed Criminal Revision No. 9 -M of 1977 before the learned Sessions Judge of Mayurbhanj and by order dated 10.5.1979, the revision was dismissed. Members of the second party have carried the second revision to this Court against the original order. When this revision application came up for hearing before one of us, it was contended by the opposite party that this revision was not maintainable in view of the provisions in Section 397(3) of the Code. In answer to the objection, it was contended by petitioners counsel that as the proceeding had been initiated prior to the coming into force of the new Code, the provision of the new Code did not apply and therefore, the bar indicated in Section 397(3) of the Code did not apply.

(2.) THE proceeding before the Magistrate was initiated by the preliminary order dated 1.11.1973 while the new Code of Criminal Procedure came into force with effect from 1st April, 1974. Therefore, the proceeding was initiated before the new Code came into force. The proceeding terminated on 30th of April, 1977, after the new Code came into force. Section 484 of the new Code dealing with 'Repeal and savings', as far as relevant, provides : -