AHAD TRAG Vs. KHAZIR TRAG AND ORS

JUDGEMENT

(1.) This revision petition is directed against an order passed on June 28, 197l by the Chief Judicial Magistrate, Anantnag under section 146 (1) Cr. P. C. The order followed an enquiry under section 145 (4) Cr. P. C. as a result of which the learned Magistrate was unable to satisfy himself as to which of the parties was in actual possession of the disputed land of the relevant time. Accordingly the learned Magistrate, as he put it, directed-"That the statement of facts of the case may be drawn up and sent to the Munsiff Trial along with the record to decide the question whether any and which of the parties was in possession of the land in dispute at the date of the order as explained in Sub Section 4, of section 145 Cr. P, C."

(2.) Before me the learned counsel for the petitioner urged the following two points :-

(3.) Section 145 (4), so far as relevant, provides :-