SUNNOOLAL Vs. JANKIBAI

JUDGEMENT

(1.) THIS is a petition u/s 482 of Cr.P.C. challenging the order dated 28.8.89 passed in exercise of revisional powers by the Sessions Court in proceedings initiated u/s. 133 Cr.P.C.

(2.) IT appears that non -petitioner No.1 is a tenant in the premises owned by the petitioner. The petitioner wanted the tenant to be ejected and had served a notice for that purpose. On the contrary, the allegation of the non -petitioner No.1 was that the petitioner was after throwing out the tenant some how and for that purpose he was indulging in deliberately damaging the tenanted premises.

(3.) THE preliminary order having been passed, the non -petitioner No.1 appeared and showed cause insisting on dropping of the proceedings as the dispute between the parties was of a civil nature incapable of being justly disposed of u/s. 133 Cr.P.C. The trial Court held the application to be not maintainable. The non -petitioner preferred a revision.