RASH BIHARI SINGH Vs. RAJ MANGAL SINGH

JUDGEMENT

(1.) -THIS application under Section 482 of the Code of criminal Porcedure has been filed for quashing the order dated 7. 2. 88 passed in criminal Revision No. 28/88.

(2.) IT appears that the Executive magistrate by his order dated 28. 1. 88 declared the possession of the petitioner over the disputed land. The opposite parties moved in revision and the First Additional sessions Judge, Dhanbad, by the impugned order, set aside the order of the Executive Magistrate declaring the possession of opposite party nos. 1, 2 and 3 over the disputed land.

(3.) MR. N. K. R Sinha, learned counsel appearing on behalf of the petitioner, however, contends that as because the same single Judge who had earlier dismissed the petition filed by the petitioner, has admitted this application, this application should be deemed to be maintainable. He further contends that in view of the decision reported in A. I. R. 1975 Supreme Court, 1002, a second quashing application under Section 482 of the Code is maintainable. It is also contended by him that if ultimately it is held that an application under Section 482 of the code is not maintainable for quashing the impugned order, the petitioner may be permitted to convert this application into a revision application.