ESERUDDI HOWALDAR Vs. OTARUDDI AKON

JUDGEMENT

(1.) We make this Rule absolute.

(2.) In the ease proceedings were instituted under the provisions of Section 145 of the Criminal P.C., and the Honorary Magistrate to whom the case was made over disposed of it in favour of the second party.

(3.) The first party then made an application to the Additional District Magistrate with the prayer that he should refer the case to this Court for setting aside the trying Magistrate's order. The learned Additional District Magistrate, instead of referring the case to this Court, set, aside the decision of the lower Court and sent the case back with directions to the learned Magistrate to hear the evidence of both parties and to try to determine the question of possession in accordance with law.