JAYASHRI SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS petition under Section 482, Cr.P.C. arises out of a revisional order passed by learned Sessions Judge, Khurda at Bhubaneswar in Criminal Revision No. 12 of 2012 confirming the order passed by learned S.D.J.M., Bhubaneswar on a petition filed under Section 452, Cr.P.C concerning a house.

(2.) AT the outset, I feel persuaded to say here that in view of Section 454 Cr.P.C. learned Sessions Judge should not have entertained this revision, as an appeal lies against an order passed under Section 452, Cr.P.C.

(3.) AFORESAID Manas Ranjan Rayjagdev (present opposite party No.5) lodged FIR in the Airfield Police Station alleging offence under Sections 448/294/506/380/34, IPC against Manoj @ Anil Kumar Mohanty (present opposite party No.2) and another. On the basis of the report, G.R.Case No.1050 of 2002 was initiated against the culprits in the Court of S.D.J.M" Bhubaneswar. The Investigating Officer filed the petition dated 13.04.2002 and moved the Court of learned SDJM, Bhubaneswar for appointment of receiver in respect of the aforesaid house. Said petition was rejected by learned SDJM directing the Investigating Officer to put a lock in the house and deposit the key of the lock in a sealed cover in Court and keep another key with himself. Such an order was passed on 17.04.2002. Subsequently Manas Ranjan Rayjagdev (Opposite party No.5) and Sunil Kumar Mohanty (present opposite party No.4) filed two petitions under Section 457, Cr.P.C. claiming possession, of the house and prayed to deliver the house in their possession. Learned SDJM, Bhubaneswar vide order dated 10.05.2002 rejected both, the petitions and left the matter open for the parties to agitate the issue before the competent Civil Court. The matter was carried out to this Court in Criminal Misc. Case No. 859 of 2002. This Court vide order dated 02.04.2003 dismissed the Criminal Misc. Case and confirmed the orders of lower Courts.