SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition Under Section 482 of the Code of Criminal Procedure is directed against judgment dated 20. 9. 1995 passed by Additional Sessions Judge, Jalandhar, dismissing the Criminal revision No. 3 of 1994 filed by Surinder Singh and three others against State and another The said criminal revision arose out of order dated 23. 6. 1994 passed by Sub-Divisional Magistrate, Phillaur whereby the said Executive Magistrate ordered for initiation of proceedings Under Section 145 of Code of Criminal Procedure and by the same order appointed Tehsildar, Phillaur as a Receiver of the disputed land Under Section 146 of Code of Criminal Procedure. The petitioners have also prayed for quashing of the Kalandera submitted by police, a copy of which is Annexure P4 and also said order dated 23. 6. 1994 passed by the Sub-Divisional Magistrate, Phillaur, a copy of which has been placed on record and is Annexure P. 6.

(2.) AT the time of admission of this petition the notice was ordered to be issued, after hearing the learned counsel for the petitioners, to the respondents only in so far as this petition related to the judgment of the learned Additional Sessions Judge, Jalandhar passed in the said criminal revision. This petition is, thus, confined only to examine the legality of the judgment passed by the learned Additional Sessions Judge in criminal revision. The respondents put in appearance in response to the service of the notice.

(3.) THE learned counsel for the petitioners submitted that the learned Additional Sessions Judge, Jalandhar has relied on a Division Bench judgment of this Court reported in Parkash Singh and Ors. v. Pritam Kaur, 1985 (1) C. L. R. 339 and has held that a revision filed against an order passed Under Section 146 of Code of Criminal Procedure was in the nature of an inter-locutory order within the meaning of Section 397 (2) of Code of Criminal Procedure and as such, the revision against such an order was not competent.