GHASEETA SINGH Vs. M D SINGH

JUDGEMENT

(1.) AN application under section 37 (1) of the Rajasthan Co-operative Societies Act, 1965 hereinafter to be referred as the 'act' was filed in the Court of Munsif and Judicial Magistrate, First Class, Chirawa. The learned Magistrate passed an order under sub-section (3) of that section on February 16, 1982 and issued warrant for the seizure of the record concerning CFFRI, Bal Mandir Society, Pilani from the possession of the petitioner Ghaseeta Singh or wherever it might be.

(2.) BEING aggrieved by that order, petitioner Ghaseeta Singh preferred a revision petition in the Court of Sessions Judge, Jhunjhunu. The learned Sessions Judge by the order dated September 4,1982 rejected the revision petition on the ground that revision petition against an order passed under section 37 (3) of the Act does not lie.

(3.) THIS is evident that the application was filed under section 37 (1) of the Act and the order causing grievance was passed under section 37 (3) of the Act. The pertinent question is whether the Magistrate passing that order was acting as a Court under the Code or under the specific power vested in him by virtue of the Act. Another question emerging from the Arguments of Mr. Dave would be, whether this Court should look into the matter from the point of view that the Magistrate has wrongly entertained an application filed under s. 37 (1) of the Act and for that reason the order passed under section 37 (3) was illegal.