MATIN AHMED Vs. MULLUCK HUSSAIN

JUDGEMENT

(1.) This is an application under Section 482, Cr. P.C. for review of the judgment dated 7-9-1989 passed by this Court in Criminal Revision No. 416/86.

(2.) The facts giving rise to this application, shortly stated, are thus. On 23 November 1981, the Executive Magistrate Hojai passed an order under Section 145, Cr. P.C. deciding that the first partly was in possession of the disputed land. Being aggrieved by the order, the second party filed a revision application in the Court of Session Nagaon. The Sessions Judge affirmed the order of, the Magistrate. Thereafter, the petitioner filed Criminal Revision No. 416 of 1986 in this Court under Section 482, Cr. P.C. This Court by an order dated 7 September 1989 dismissed the petition.

(3.) Mr. R. Gogoi, the learned counsel for the petitioner, has contended that the judgment of he Court requires review on the following grounds. The judgment is in the name of Elias Mia (since deceased) although his legal representatives were made parties. The area of the land involved in the civil suit measures 4 K- 14 L and that involved in the proceeding under Section 145 measures 8 B-2 K-13 L but this Court has given findings that the subject matter of the proceeding under Section 145 and that of the civil suit are substantially the same. Therefore, there are errors on the face of the records. Mr. S.N. Bhuyan, the learned counsel for the opposite party, has contended that the review petition is maintainable in view of Section 362 Cr. P.C.