KARTIK PAN AND ANR. Vs. BODHRAI NAIK

JUDGEMENT

(1.) THERE was a proceeding under Section 145, Code of Criminal Procedure, in the Court of Sri Aziz Khan, Magistrate, 1st class which was numbered as Misc. Case No. 150/60. The land in dispute there was plot No. 614 with an area of 89 decimals and plot No. 470 with an area of 1.20 acres, both situated in village Gandapanpali in the district of Sambalpur.

(2.) THE parties filed their written statements and affidavits in the case and the Magistrate instead of deciding the matter himself, referred it to the civil Court under Section 146, Code of Criminal Procedure. The ground for such reference has been stated in the last paragraph of his order and it runs as follows:

(3.) THE second party thereupon has filed this criminal revision against the order of the Munsif passed OD a reference under Section 146.