K.N.SINHA, J. - (1.) HEARD learned Counsel for the Revisionist, learned A.G.A. and perused the impugned order.
(2.) IT appears that proceedings under Section 145 (1) Cr. P.C. was initiated at the instance of the one party. The preliminary order under Section 145(1) Cr. P.C. and attachment order under Section 146(1) Cr. P.C. was issued. Thereafter proceedings were dropped by order dated 26 -2 -2001 on the ground that no breach of peace existed between the rival parties in respect of the disputed property. The proceedings were dropped by order dated 26 -2 -2001 against which a revision was filed wherein it was directed the Sub -Divisional Magistrate to follow the procedure laid down in Section 145(4) Cr. P.C. and then decide the matter on merit. In spite of the direction of the revisional Court, the S.D.M., without following the procedure, itself conducted spot inspection and decided the matter in the light of spot inspection. Again a revision was filed in which it was directed to decide the case as per the provisions of Section 145 (4) Cr. P.C. The S.D.M. again committed the same mistake and passed order without adhering to the provisions of Section 145(4) Cr. P.C., hence the revisional Court passed the impugned order in Revision.
(3.) I have gone through the order of the S.D.M. and that of the revisional Court. The provision of Section 145(4) Cr. P.C. lays down that after the service of summons the Magistrate shall peruse the statements filed, hear the parties, receive all such evidence produced by them and take such further evidence which he thinks necessary and then decide the possession.;