(1.) THIS Revision Petition has been filed against the orders of the Additional Sessions Judge, Gurdaspur, in Criminal Revision No. 62 of 1993 dated February 4, 1994.
(2.) PROCEEDINGS were initiated under Section 145, Code of Criminal Procedure, by the Officer Incharge of Police Station, City Batala, in the Court of Sub-Divisional Magistrate, Batala, against one Balwant Singh, party No. 1 and Jaswant Singh, party No. 2 as to dispute in regard to some property comprising of one Dhaba. The petitioner in this Revision Petition filed an application before the Sub-Divisional Magistrate, Batala, for dropping the proceedings under section 145, Code of Criminal Procedure, as he had already filed a suit in the Court of Sub Judge, First Class Batala, on April, 8, 1993 and also obtained an interim order directing the parties to maintain status-quo. The First party Balwant Singh filed a reply that he was in possession of the disputed property and that possession was taken from him by the police and, therefore, he is entitled to take back the property from the police. The Sub-Divisional Magistrate by his orders dated May 19, 1993, directed the police to deliver the property to Balwant Singh and further observed that it will be determined during the enquiry under section 145, Code of Criminal Procedure, after taking evidence of the person who is in possession of the property and after such determination, the possession of the property will be given to that person.
(3.) AGGRIEVED by the said order, party No. 1 preferred the above Revision Petition.