SHAMRAO GANPATRAO PATIL Vs. KING-EMPEROR

JUDGEMENT

(1.) The applicant Shamrao of Sirsoli, Akot taluq, Akola district, had filed an application under sa. 107 and 145, Criminal P. 0., against the non-applicant Mahadeo and others in the Court of the Sub-Divisional Magistrate Akot, who, on 14 September 1946, passed a preliminary order under Section 145 with respect to fields survey Nos. 96/1 and 96/3 situate in the aforesaid village Sirsoli. After it had been pointed out to him that the dispute actually related only to field survey No. 9C/l,ke in the order-sheet, dated 26 September 1946, noted that he would have no jurisdiction over that portion of survey no. 98 which was not in dispute and he also made it clear that the only crop liable to be sold by the Court would be that from the disputed portion of that survey number.

(2.) Subsequently, according to Shamrao, Mahadeo, in spite of the order of attachment, had picked and removed cotton from the land in question; and the Sub-Divisional Magistrate, after due enquiry, filed on 19 March 1947 a complaint against him under 8.188, Indian Penal Code. Mabadeo's application for withdrawal of the complaint was rejected by the District Magistrate; and the Sessions Judge, Akola, declined to interfere with the order of the District Magistrate.

(3.) Thereafter, Mahadeo again moved the District Magistrate after be had been adjudged to be in possession of the disputed area of 1 acre and 8 gunthas; and the District Magistrate, after perusal of the report, dated 9 June 1948, of the Sub-Divisional Magistrate, directed the withdrawal of the complaint under Section 188, Indian Penal Code, on the ground that its prosecution would entail considerable expense and waste of public time. The applicant Shamrao has now come up in revision to this Court.