SHARIF BEG Vs. GOLAM MAHAMMED

JUDGEMENT

(1.) THIS petition is filed against the appellate order of the Additional District Magistrate, Dhenkanal confirming an order of a Magistrate, Third Class, directing under Section 522 Code of Criminal Procedure restoration of possession of the land to the complainant.

(2.) ON a complaint made by the opposite party under Sections 447 and 426 I.P.C. against the Petitioner, the latter was convicted of the said two offences for having trespassed upon the land belonging to the complainant and in his possession, and cut the fence. The conviction was confirmed in appeal as also a revision application filed by the Petitioner to this Court was dismissed. Subsequent to the conviction of the Petitioner, the complainant filed an application under Section 522 Code of Criminal Procedure praying for restoration of possession of the lad and both the Courts below directed restoration.

(3.) IN my view, therefore the order of the Additional District Magistrate is contrary to law. The revision petition is allowed and the order is set aside. Revision allowed.