RAM AVTAR Vs. DHAN RAJ

JUDGEMENT

(1.) THIS is a revision petition filed by Ram Avtar and Om Prakash, hereinafter referred to as party No. 2, against a final order passed by the Sub-Divisional Magistrate, Jaipur, on 20 6 1975, in a proceeding under S. 145, Old Criminal Procedure Code.

(2.) THE relevant facts, out of which this revision-petition has arisen, are as fellows

(3.) LASTLY, it has been contended that the final order passed by the learned Sub-Divisional Magistrate should not be lightly interfered with in revision-especially when it has been made in conformity with the decision of the civil court. The above contention has no force. It has been held by this Court in Durjan Singh vs. The State (6) that a revision-petition under section 435 and 439, Cr. P. C. may be filed in the High Court against the order of the Magistrate passed under sub-section (l) (B)of S. 146, Cr. P. C. finally disposing of the petition under S. 145, Cr. P. C. after the receipt of the findings of the civil court and that the High Court can set aside an erroneous order and pass such orders as it thinks fit. I am in respectful agreement with the referred to above decision of the Court because once the finding of the civil court was incorporated by the Sub Divisional Magistrate in his order under S. 145 (1) (B), the entire proceedings including the finding of the civil court may be revised and the scope of the powers of revision in such cases cannot be restricted to only finding oat whether the criminal court has or has not passed the final order in conformity with the finding of the civil court or has or has not committed any other illegality. Reference in this connection may be made to Raja Singh vs. Mahendra Singh (7), wherein it was held that the finding of the civil court may be disturbed or inter-fered with if the civil court while giving it has ignored the well recognised or settled principles of law. Consequently, I am of the view that the order under revision passed by the Sub Divisional Magistrate, Jaipur, is illegal and the finding of the civil court in conformity of which it was passed are in blagrant and gross violence of the well-recognised principles of law and are liable to be set aside.