LAWS(J&K)-1992-4-24

PT SOM DUT Vs. GURBAKSH SINGH

Decided On April 17, 1992
Pt Som Dut Appellant
V/S
GURBAKSH SINGH Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the parties at length. I have considered the orders to have been passed by the learned Munsiff Judicial Magistrate, Jammu, and the learned Sessions Judge, Jammu, before whom a revision was filed against the order of the learned Enquiry Magistrate dated: 25.10,1986, by the virtue of which in a criminal proceeding U/S 145 Cr.P.C Gurbaksh Singh was declared to hold the possession of the property, and was ordered not to be dispossessed, unless in due course of law.

(2.) AGAINST this order, three revision petitions were filed in the court of learned sessions Judge, Jammu, who upheld the order of the learned Munsiff Judicial Magistrate, Jammu.

(3.) MR . Sharma has very tactfully filed another revision against these orders, when, under law, no revision could lie against a revision, to have been decided by a Sessions Judge, on the basis of which orders passed by the Enquiry Magistrate in the proceeding under Section 145 Cr.P.C. have become final. No legal interference by this Court is required against the said orders. This revision petition not being warranted under law, fails and is dismissed. Mr. Sharma shall, however, be at liberty to move the competent civil court of law in the matter, if he so desires. Files be returned to the courts below for consigning the same to the records. The revision file be consigned to records.