BHAG SINGH Vs. HAMIR SINGH

JUDGEMENT

(1.) THE Sub Divisional Magistrate, Sunam became seision of the dispute between the parties under Section 145 of the Criminal Procedure Code. By means of a transfer application, those proceedings were transferred to the Court of the Sub Divisional Magistrate, Barnala. The latter officer decided the case in favour of the present revision petitioners. The present respondents herein filed a revision petition before the Court of Session, Sangrur and that petition was assigned to the Court of Shri Paramjit Singh Ahluwalia, Additional Sessions Judge (III), Sangrur. The learned Additional Sessions Judge upset the order and remitted the case back to the Sub Divisional Magistrate, Barnala requiring him to redecide the matter in accordance with the observations made in his order. The operative part of the order is as follows :-

(2.) LEARNED Counsel for the petitioner has first urged that Additional Sessions Judge, Sangrur, had no jurisdiction to decide this matter in revision since there was a Court of an Additional Sessions Judge at Barnala within whose separate jurisdiction by the Court of Sub Divisional Magistrate, Barnala. He further urges that the supposition that the case initially was instituted in the Court of the Sub Divisional Magistrate, Sunam, and against whose orders revision petition lay before the Court of Sessions at Sangrur was totally misplaced to vest territorial jurisdiction in the Court of Sessions at Sangrur. On these grounds he urges that the order being without jurisdiction deserves to be knocked off.

(3.) AT this stage it is difficult to displace the impugned order on the basis of lack of territorial jurisdiction in the presence of Section 462 of the Criminal Procedure Code. Nothing has been pointed out to me as to what was the error of jurisdiction and even if it were, what failure of justice has in fact occasioned by assumption of such wrong jurisdiction. So on this ground, the order sought to be revised cannot be upset.