LAWS(PAT)-1978-8-23

PANY MARANDI ALIAS PANU Vs. THAKUR KISKU

Decided On August 18, 1978
PANY MARANDI ALIAS PANU Appellant
V/S
THAKUR KISKU Respondents

JUDGEMENT

(1.) This application is directed against an order passed by the learned Second Additional Judge, Dumka in Criminal Revision No 102 of 1975 The Criminal revision arose out of a proceeding under section 145 of the Code of Criminal Procedure and it was directed against the final order passed in that proceeding. The learned Magistrate had declared possession of the second party over the lands in dispute and the criminal revision application had been filed by the members of the first party.

(2.) It is not necessary, for the reasons which will be apparent presently to state the respective claims of the parties over the lands in dispute "The learned Judge after hearing the parties allowed the revision application set aside the order of the learned Magistrate and declared possession of the first party over the disputed lands. The present application has been filed bv the members of the second party and the only point which learned counsel has urged in support of the application is that it was not competent for the learned Additional Sessions Judge in exercise of revisional powers to have declared possession of the first party over the disputed lands. All that the learned Additional Sessions Judge could have done was to have set aside the order of the learned Magistrate and to have sent back the case to him for a fresh decision in accordance with law.

(3.) Learned counsel for the opposite party, on the other hand contends that it was within the competence of the learned Additional Sessions Judge to have declared possession of the first party over the disputed land in exercise of his revisional Jurisdiction and, therefore, no interference was called for in this order.