IMPORTANT POINT
Provisions of Specific Relief Act do not apply to a proceeding u/s 145, Cr.P.C. but Article 137, Limitation Act applies.

JUDGMENT

Altamas Kabir, J. —

1. Leave granted.

2. This appeal arises out of the order passed by the Patna High Court on 5.1.2007 quashing the order dated 6.1.2006 passed by the Additional Sessions Judge-cum-Fast Track Court No.5, Khagaria, in Criminal Revision No.74/2003, confirming the order dated 2.5.2003 passed by the Sub-Divisional Magistrate, Khagaria, in Misc. Case No.20(M)2/97 directing restoration of possession of the land in dispute to the respondent herein.

3. The predecessor-in-interest of the appellants herein, one Dayanand Prasad, filed an application under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) being Case No.455(M)/86, inter alia, for restoration of possession in plot No.3580 under Khata No.725 measuring 14 katha 4 dhurs on the ground that he had been forcibly dispossessed therefrom by the Respondent No.1 herein within two months of such petition being filed.

4. Both the parties in the said proceeding filed their respective responses showing cause and adduced evidence, whereupon the Executive Magistrate by his order dated 7.10.1994 declared the possession of the appellants over the land in dispute. The learned Magistrate, while passing his order on 7.10.1994 under Section 145(4) of the Code, declared as follows :-

“......Therefore, on careful appreciation of the evidence adduced by the witnesses of both the parties and on perusal of the papers produced by both the sides, I have reached the conclusion that the facts stated by the First Party are true and, therefore, possession of the First Party since before the dispute is hereby declared. It is further declared that the first party is entitled to the possession over the disputed land until evicted in due course of law.” (Emphasis supplied)

5. The original petitioner Dayanand Prasad, the husband of the Appellant No.1 and the father of the Appellant Nos.2 and 3, expired in 1995. In November, 1997, the appellants herein filed Misc. Case No.20(M)2/97 before the Sub-Divisional Magistrate, Khagaria, for restoration of possession in pursuance of the order of the Executive Magistrate under Section 145(4) of the Code on 7.10.1994. Allowing the said Misc. Case the Sub-Divisional Magistrate, Khagaria, passed an order under Section 145(6) of the Code on 2.5.2003 directing restoration of possession of the lands in question in favour of the appellants herein.

6. On 26th May, 2003, the respondent filed Criminal Revision No.74 before the learned Sessions Judge, Khagaria questioning the order passed by the Sub-Divisional Magistrate on 2.5.2003 under Section 145(6) of the Code. The Additional Sessions Judge-cum-F.T.C.No.5, Khagaria, dismissed the Criminal Revision and confirmed the order of the Sub-Divisional Magistrate, Khagaria. Against the said order of the Additional Sessions Judge, the respondent filed Criminal Misc. Case No.15309/2005 before the Patna High Court, which allowed the said Misc. Case and set aside the orders passed by the Sub-Divisional Magistrate and the Sessions Judge, Khagaria. The said order of the Single Judge of the Patna High Court dated 05.01.2007 is the subject matter of challenge in the instant appeal.

7. Appearing in support of the appeal, Mr. S.B. Sanyal, learned Senior Advocate, firstly contended that having regard to the specific provisions of Sub-section (3) of Section 397 of the Code, the revisional application before the Patna High Court at the instance of the respondent was not maintainable. Mr. Sanyal urged that the High Court had exercised its jurisdiction erroneously in entertaining a second revision, which was barred under Sub-section (3) of Section 397 of the Code, in purported exercise of its inherent powers under Section 482 of the Code.

8. In support of his submission, Mr. Sanyal referred to the decision of this Court in Rajathi vs. C. Ganesan1 [(1999) 6 SCC 326]. The said decision was rendered in connection with proceedings under Section 125 of the Code. The said petition havin