GUDRI MAHTON Vs. JANGI MAHTON

JUDGEMENT

(1.) This is an application in revision by the accused, Gudri Mahton against the order dated 31 July 1933, of the Additional Sessions Judge of Patna directing a Magistrate of the First Class, to resume hearing of the application under Section 522, Criminal P. C, made by Jangi Mahton, complainant, at the stage at which the Magistrate had directed the accused to show cause why such an order should not be made. On 6 December 1932, the petitioner was convicted of offences falling within the description set out in Section 522.

(2.) On the 22nd December, the latter applied under Section 522 for an order restoring him to the possession of plot 560 of which he had been dispossessed by the petitioner in the course of the offences mentioned. The Magistrate, instead of making the order forthwith, issued notice to the petitioner to show cause on 10th January 1983, why the order should not be passed. On that date the record having been sent to the appellate Court, there was a postponement until 4 February on which date time was again granted till the 3 March when the Magistrate passed the somewhat petulant order "I cannot keep this case pending for long. File." On the 31 May the petitioner's appeal was dismissed by the Sessions Judge with certain modifications.

(3.) On the 5 June the complainant again made application to the Magistrate for an order under Section 522, but on the 22 June, it was rejected on the ground that such an order could not be passed six months after the date of the conviction. On the 30 June the complainant applied to the Sessions Court for such an order with the result that the Additional Sessions Judge passed the order in respect of which the present rule has been issued. It may be added that on the 9 October, the Magistrate made an order under Section 522, restoring the complainant to possession. This rule was obtained on the following day, but the application had been filed on the 5 November when the Court reopened after the vacation.