RADHAMOHAN PANDA AND 5 ORS. Vs. GANESH PANDA

JUDGEMENT

(1.) THIS revision is directed against the order dated 25 -4 -1972 passed by the Sub -Divisional officer -cum Magistrate first class, Bhanjanagar in M.C. No. 235 of 1969, a proceeding under Section 145, Code of Criminal Procedure.

(2.) MR . N.V. Ramdas the learned Counsel for the Petitioners (second party in the Court below) contends that the impugned order passed by the Magistrate is patently illegal as he does not state therein as to who actually was in possession of the disputed property on the date on which the preliminary order was passed, or whether the first party, in whose favour the impugned order was passed, was actually in possession of the disputed property on the date of preliminary order. In the operative portion d the impugned order the learned Magistrate only states that the first party was in possession of the land 'prior to the initiation of the proceeding '. The word 'prior ' in the manner and context in which it has been used, may mean any time before the initiation of the proceeding without any limitation or qualification for the same. Sub -section (4) of Section 145, Code of Criminal Procedure is as follows:

(3.) ON the above mentioned reasons and grounds the impugned order is set aside and the case is sent back to the Court below to be properly reheard and disposed of in accordance with law within two months of the receipt of the L.C.R. on notice to both the parties. This Court be informed about the disposal of the matter as directed above.