SAGAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant revision is directed against the order passed by the learned Sessions Judge No. 1, Jodhpur dated 22. 8. 85 by means of which he had set aside pulpably illegal order passed by the Sub Divisional Magistrate on 1. 8. 81 releasing the property and holding one particular party in peaceful possession against the mandatory provisions contemplated under sub-section (1) of Section 145 Cr. P. C.

(2.) THE myopic order passed ;by the learned SDM on 1. 8. 81 is perse illegal and deserves to be deprecated. As a matter of course every court of law is required to act according to law enacted by the Legislature. THE learned SDM who passed the impugned order on 1. 8. 81 has no justification whatsoever to go behind the wisdom of Legislature and deciding the controversy u/s. 145 (1) Cr. P. C. making the order absolute u/s. 145 (6) Cr. P. C. on irrelevant and extreneous consideration which is not contemplated under the statute.

(3.) WITH anguish I have to observe that the learned Executive Magistrate did not await the service of notice to both the parties but for the reasons best known to him he fixed the date for local inspection and the relevant record was placed before him on 30. 7. 1981 and again on 31. 7. 1981 and on that day he made an exparte local inspection and found the present petitioner in peaceful possession over the land in dispute.