LAWS(PAT)-1996-8-19

KAMTA SINGH Vs. BANSH RAKHAN SINGH

Decided On August 30, 1996
SHRI KAMTA SINGH Appellant
V/S
BANSH RAKHAN SINGH Respondents

JUDGEMENT

(1.) - This revision is directed against the order dated 16-12-1986 of the Additional Sessions Judge XIII, Patna.

(2.) It appears that on 17-7-1968, the Officer-in-charge of PS. Bikram submitted a report to the Sub-Divisional Magistrate, Danapur, stating that there was apprehension of breach of peace between the parties with respect to the possession of the property in dispute with a request for initiating proceedings under Section 144, Cr. P.C. Accordingly, the Sub-Divisional Magistrate initiated proceedings under Section 144, Cr. P.C., which were subsequently converted into proceedings under Section 145, Cr. P.C. The case was subsequently transferred to the Judicial Magistrate, 1st class, Danapur, who vide his order dated 30-11-1973 declared the possession of the opposite parties, Dip Narain Singh and others, O.P. No. 1. Bansh Rakhan Singh filed Criminal Revision No. 546 of 1974 in this court which was allowed on 9-12-1977 and the case was remitted to the trial court for deciding afresh on merit. The Sub-Divisional Magistrate, who heard the case in pursuance of the order dated 18-5-1987. Applicant filed Criminal revision before the Sessions judge, which was dismissed in default on 16-12-1987. Feeling aggrieved, the applicant has filed this revision.

(3.) No second revision is provided under the Code of Criminal procedure and, therefore, this revision filed by the applicant against the order of the revisional Court, is not legally maintainable.