SHEO LALL GARERI Vs. SK. ABBAS

JUDGEMENT

(1.) THIS Revision application is directed against the order dated 28.08.1998, passed in Criminal Revision No. 30 of 1994 by the VIIIth Additional Judicial Commissioner, Ranchi, whereby the operative part of the order dated 18.12.1993 passed by the Executive Magistrate, Ranchi in a proceeding under Section 145(4), Cr. P.C. vide Case No. M 427 of 1987 in favour of the petitioner, was set aside.

(2.) THE main ground in support of the prayer, as advanced by the petitioner, is that the impugned order of the Revisional court is bad on the points of facts as also on the points of law and that the Revisional court could not have left the case merely by setting aside the order of the enquiring Magistrate without recording a finding on its own on the dispute regarding factum of possession between the parties over the disputed lands or remanding the case back to the enquiring Magistrate for recording a proper finding on the issue. For better appreciation of the grounds, reference to the facts of the case in brief may be necessary.

(3.) HEARD the learned Counsel for the petitioner and the State. Assailing the impugned order of the learned Additional Sessions Judge, learned Counsel appearing for the petitioners submits that the learned Additional Sessions Judge has committed grave error in failing to consider the evidences on record and has passed the impugned order by merely reading the concluding portion of the order of the Enquiring Magistrate. Learned Counsel expressed further that the Revisional court was under a legal obligation to consider the evidences on record before arriving at any conclusion regarding the propriety of the order the Enquiring Magistrate. Learned Counsel submits further that the Revisional court was otherwise obliged to record its own findings on the issue regarding factum of possession, which, the Revisional court has failed to do, leaving thereby the dispute between the parties unresolved.