S.R.Bhargava, J. - (1.) This criminal revision is directed against order of Additional Sessions Judge, Bijnore, allowing the revision of opposite party No. 1, setting aside the order of the Magistrate in proceeding under Section 145 Cr.P.C. and remanding the case to the Magistrate for fresh disposal with the direction to record clear finding on the question of possession.
(2.) Brief facts are that on the application of opposite party No. 1 Deoraj Singh, Sub-Divisional Magistrate issued preliminary order under Section 145 (1) Cr.P.C. in respect of a piece of land. He also passed an order restraining both the parties from disturbing the crop on the plot.
(3.) On behalf of revisionists it was contended that the land is in joint possession. Learned Magistrate did not hold enquiry as laid down in Section 145 (4) Cr.P.C. He relied upon certain documents. He held that the property in dispute is in joint possession and dropped the proceedings.;