JUDGMENT - (1) This a revision application challenging the correctness of the order passed by the learned Sessions Judge, Amravati. Setting aside the order passed by the Magistrate First Class, Amravati, purporting to be under S. 249, Cr. P. C., stopping the proceedings started by the police on a complaint against the applicant under S. 447, I.P.C. for criminal trespass.

(2) The learned Magistrate first class, Amravati, issued process and without following the procedure for the trial of summons cases contained in Ss. 241 to 245, Cr.P.C. he passed an order under S. 249, Cr. P. C., holding that he did not think that any case under S. 447, I. P. C., can be said to be made out even prima facie. the order passwed by him is as follows:

"The case is perused. the dispute is obviously about possession. The perusal of the documents particularly te receipts show that there was no lease of the land as such, and that the right to take away the grass only was granted. Therefore the mention in the Patwari papers to the effect that the complainnt is a lessee does not appear to conform with the receipts.

In such circumstances, I do not think any case under S. 447 I.P.C. can be said to be made out even

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