SURENDRA MISHRA Vs. B TRINATH RAO

JUDGEMENT

(1.) The first party member in a proceeding under S. 145 Cr. P. C. is the petitioner and the present opposite parties are the members of the second party.

(2.) On 13-8-1982, upon consideration of a police report from the Officer-in-charge of Jatani P. S., the learned Executive Magistrate initiated a proceeding under S. 144 Cr. P. C. against the opposite parties and restrained them from entering upon the disputed property. On 25-9-1982 the learned Magistrate made the restraint order absolute. Thereafter on 13-10-1982, after hearing counsel on both sides, the learned Magistrate converted the proceeding to one under S. 145 Cr. P. C. and issued a preliminary order under S. 145(1). Written statements were filed by both the parties and oral evidence was also adduced by the petitioner. Finally by order dt. 24-12-1982 the learned Magistrate declared that the petitioner was in possession of the disputed property and was entitled to retain possession until evicted in due course of law. Against this order of the learned Magistrate the opposite parties preferred Criminal Revision No.7/21 of 1984/83 before the learned Sessions Judge, Puri. By his order dt. 20-8-1984, the learned Additional Sessions Judge allowed the revision and set aside the order dt. 24-12-1982 passed by the learned Magistrate. This order of the learned Additional Sessions Judge is under challenge in this revision.

(3.) In Para 3 of the impugned order the learned Sessions Judge has observed: