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Judgment
By way of this revision, the petitioner (original complainant
before the Sub-Divisional Magistrate, Revdar) has approached this
Court for challenging the order dated 29.06.2016 passed by the
learned Sessions Judge, Sirohi in Revision No.38/2015 whereby,
the learned revisional court accepted the revision filed by the
respondent No.2 Natwar Lal and set aside the order dated
24.08.2015 passed by the SDM, Revdar under Section 142 Cr.P.C.
Having heard and appreciated the arguments advanced by
the learned counsel for the parties and after going through the
order under challenge, this Court is of the firm opinion that the
Sessions Court acted well beyond the scope of revisional
jurisdiction while entertaining and accepting the revision and
setting aside the order passed by the SDM. The order passed by
the Executive Magistrate was an interlocutory order passed under
Section 142 Cr.P.C. and as such, a revision was not maintainable
against such order. That apart, the learned Executive Magistrate
had given only a direction that the respondent herein will not raise
any construction beyond his patta. Such a direction was perfectly
lawful and could not have been interfered with.
In this background, the instant revision deserves to be and is
hereby allowed. The impugned order dated 29.06.2016 passed by
the learned Sessions Judge, Sirohi in Revision No.38/2015 is
quashed and set aside and the order dated 24.08.2015 passed by
the SDM, Revdar is restored. The learned SDM, Revdar is directed
to expedite the inquiry of the main proceedings under Section 133
Cr.P.C. and conclude the same within a period of six months from
the date of receipt of copy of this order.
Record be returned to the court below.