- (1.) The present Application under Section 482 Cr.P.C. has been preferred by one Bhagwan Swaroop challenging the order dated 13.5.2003 passed by Additional District & Sessions Judge, Court No. 17, Agra in criminal revision no.377 of 1999 (Purushottam Vs. State and Others) whereby the Court below has declined to take additional evidence in criminal revision proceeding.
(2.) The brief facts of the case are as follows : The proceeding under Section 145 Cr.P.C. was decided by the Sub Divisional Magistrate, Bah, Agra with the direction that the second party shall not interfere in the peaceful possession of the first party in disputed property no.1478, 1479, 1480 and 1481. Copy of the order was also sent to the S.O. concerned for necessary action. The second party, feeling aggrieved with the order, filed a criminal revision before the Sessions Judge, Agra, being criminal revision no.377 of 1999 (Purushottam Vs. State and Others). During pendency of the revision, the opposite party moved an application with a prayer to take some additional evidence in the criminal revision. Objection was filed by the revisionist. The lower revisional court vide order dated 13.5.2003 rejected the application observing that revisional Court has to see only the legality / illegality of the impugned order on the basis of records available in the lower Court, but not on the basis of evidence adduced during criminal revision. Feeling aggrieved with that order, present Application u/s 482 Cr.P.C. has been filed.
(3.) Heard Sri Akhilesh Kumar Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.;