SWARUP KUMAR SUNDARA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this revision application petitioner has approached this Court challenging the order dated 16.1.1995 and consequently the order dated 5.9.1 994, passed by learned Executive Magistrate, Ranpur in Criminal Misc. Case No. 9 of 1994, a proceeding which is presently continuing under Section 145, Cr.P.C. The 2nd party No. 2 is the petitioner and the first party 2nd party No. 1 are respectively the opposite parties 2 and 3 in this revision.

(2.) A brief narration of the fact will clarify the position to appreciate the contentions of the parties. On the basis of an application filed under Section 144, Cr.P.C, on 6.7.1994, learned Executive Magistrate initiated the proceeding and issued prohibitory order restraining the 2nd party members. After appearance of the 2nd party members on 1.9.1994 the first party prayed to convert the proceeding to one under Section 145, Cr.P.C to adjudicate the disputed claim of possession asserted by the parties. On 5.9.1994, he passed order converting the proceeding to one under Section 145, Cr.P.C. After passing that order, later, on that day he passed the following order :

(3.) IN substance the case of the petitioner is that the 2nd party No. 1 being the lease holder of the property transferred the same in his favour through an unregistered deed and he claims possession through that document. The case of the 1st party is that the 2nd party No. 1 transferred the case land to him under a registered sale deed and he is in possession from the date he purchased the same. Both the parties have filed their respective statements and documents in support of their rival claim of possession.