RANA RAMNARAIN SINGH Vs. MAHATHA NIRANJAN LAL

JUDGEMENT

(1.) This is an application in revision against the order of the learned trial Court in a proceeding under Section 145, Criminal Procedure Code. The learned Magistrate has ordered that the first party is in possession of the disputed land and has forbidden the second party from interfering with this possession until the first party is evicted through the process of Court of competent jurisdiction. There was a further direction that the second party should pay Rs. 20/- to the first party as cost. The sale proceeds should be returned to the party found in possession. Before the grounds in the petition it is stated as follows :

(2.) It is thus clear that this application is against the order of the learned Magistrate who passed the order in the proceeding under Section 145, Criminal Procedure Code, and also against the order of the Learned Additional Judicial Commissioner refusing to make a reference to this Court. I have said this because it is pertinent to the point that has been raised. The point that has been raised in this case is that it is open to the High Court to interfere with the order of the learned trial Magistrate if the findings arrived at by the Civil Court is one that cannot be supported by evidence or materials on record. It is necessary at this stage to refer to Section 146 of the Criminal Procedure Code as amended recently. Sub-section (1-D) of Section 146 runs as follows : "No appeal shall lie from any finding of the Civil Court given on a reference under this section nor shall any review or revision of any such finding be allowed."

(3.) Mr. Lal Narayan Sinha appearing in support of this application submitted that while Sub-section (ID) of Section 146 does prohibit an appeal, revision and review of the findings of the Civil Court, but the section in fact refers to such cases where the findings of the civil Court is directly challenged and not incidentally, that is to say, when the prayer of the petitioner is to set aside the order of the criminal Court, namely, the Magistrate then it is open to the Superior Court to consider whether the findings of the civil Court is right or not. I do not think it is at all necessary to deal with this aspect of the matter in view of the provisions of Section 146, Sub-clause (1B), which runs as follows :