- (1.) THIS is an application under Section 561. A, Criminal P. C.
(2.) THE facts leading to this application can briefly be stated as under: On the basis of a report submitted by Station Officer, P. S. Dilari of district Moradabad. proceedings under Section 147, Criminal P. C. were instituted before the S. D. M. The learned S. D. M. found himself unable to arrive at a definite conclusion as to which party had the right of user over the land in dispute. Therefore, by his order dated 1st November, 1968, be made a reference to the Sessions Judge of Moradabad for sending the file to a civil court of competent jurisdiction for deciding as to which party had the right to use the land.
(3.) AGAINST this order, the present applicants went up in revision before the Sessions Judge of Moradabad. The Sessions Judge by his order dated 7th January, 1969, rejected the revision. The reference made to the Civil Court has also since been disposed of by the Munsif, Moradabad, through his finding dated 25th May, 1969. The Munaif sent back the file to the Magistrate along with his finding and directed the parties to appear before the S. D. M. on 81st May, 1969.;