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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.