SUSHIL VASUDEVA Vs. SUBHASH VASUDEVA

JUDGEMENT

(1.) Heard Mr. C.R. De, learned counsel for the petitioner and Mr. K. K. Mahanta, learned counsel appearing for the respondent.

(2.) On an application filed by the present petitioner Sri Sushil Kumar Vasudeva, a proceeding under Section 145 Cr.P.C. being MR Case No. 209/1999 was drawn up in respect of a plot of land measuring 1 bigha situated at North Lamding and fully described in the ap plication Annexure-1 filed by the petitioner (hereinafter referred as the DL). The said DL was also attached under Section 146 Cr.P.C. During enquiry the first party examined as many as five witnesses, whereas the respondent second party examined four witnesses. Thereafter, vide impugned order dated 22.8.2001 the learned Executive Magistrate held that the DL in question was in actual physical possession of the respondent/second party Prajapati Brahma Kumari Ashram and accordingly declared possession in favour of the second party.

(3.) Feeling aggrieved, the petitioner preferred criminal revision being CM 1 ON/2002 and the learned Sessions Judge vide impugned judgment dated 31.5.2002 dismissed the revision holding inter-alia that the impugned order does not suffer from any illegality or infirmity and does not call for any interference.