High CourtsSingle Bench(1992) 04 J&K CK 0007

Pt.Som Dut vs Gurbaksh Singh & Ors.

Jammu And Kashmir High Court · Decided on 17 April 1992 · Citation: (1994) KashLJ 695

HON’BLE JUDGES
M.L.Kaul, J
CASE NUMBER
96/Cr. Rev. of 1987

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Judgment

11 paragraphs · 226 words

Heard learned Counsel for the parties at length. I have considered the orders to have been passed by the learned Munsiff Judicial Magistrate

Jammu, and the learned Sessions Judge Jammu, before whom a revision was filed against the order of the learned Enquiry Magistrate dated:

25101986,'by Virtue of which in a criminal proceeding U/S 145 Ct. P.C. Garbaksh Singh was declared to hold the possession of the property,

and was ordered not to be dispossessed, unless in due course of law.

Against this order, three revision petitions were filed in the court of learned Sessions. Judge, Jammu, who upheld the order of the learned Munsiff

Judicial Magistrate, Jammu.

Mr. Sharma has very tactfully filed another revision against these orders, when, under law, no revision could lie against a revision, to have been

decided by a Sessions Judge, on the basis of which orders passed by the Enquiry Magistrate in the proceeding Under Section 145 (Jr. P.C. have

become final. No legal interference by this Court is required against the said orders. This revision petition not being warranted under law, fails and

is dismissed. Mr. Sharma shall, however, be at liberty to move the competent civil court of law in the matter, if he so desires. Files be returned to

the courts below for consigning the same to the records, The revision file be consigned to records.