DHOIRAM SAHU Vs. SAMBHU DAS AND ORS.

JUDGEMENT

(1.) THIS criminal revision arises out of an order passed in a proceeding under Section 145, Criminal Procedure Code.

(2.) ONE of the plots included in the preliminary order is plot No. 286 comprising an area of Order 98 acre out of which Order 30 acre had been purchased by opposite party No. 2 Sama Sahu by a registered sale -deed dated 23 -11 -1955 vide Ext. D. Both parties adversely claimed possession over the remaining 0. 68 acre of land. The entire area of 0. 98 acre was attached and kept in charge of a receiver. The Petitioner filed an application before the learned Magistrate for excluding the 0. 30 act of land from the scope of the proceedings. The learned Magistrate rejected the petition on the ground that the preliminary order having been passed in respect the entire area, it could not be amended.

(3.) THE Stamp Reporter has raised an objection that the Criminal Revision is not maintainable in view of the bar under Section 397(2) of the Code of Criminal Procedure, 1973. This Sub -section runs as follows: