RAM SARAN Vs. DEEP CHAND AND OTHERS

JUDGEMENT

(1.) THE short question that arises for consideration in this revision petition is whether a Magistrate while trying an application presented before him under Section 145 of the Code of Criminal Procedure aught or aught not to take into consideration the affidavits placed on the record by the parties for the purpose of deciding as to which one of the two contending parties was in possession of the land in dispute at the relevant time. The learned Session Judge in his report, dated 22.11.1968, has stated that the learned Magistrate concerned did not take into consideration the affidavits placed on the record by the Petitioner and he has recommended the acceptance of the revision filed by the Petitioner.

(2.) BEFORE deciding as to whether the learned Magistrate has complied with the requirements of law the provisions of Sub -section (4) of Section 145 Code of Criminal Procedure, applicable to the order of the kind, require to be noticed and, for facility of reference, they are reproduced below: