Judgment

Arijit Pasayat, J.—Legality of action taken and order passed by learned Sub-Divisional Magistrate, Sakoli (for short ‘SDM’) under Section 133 of the Code of Criminal Procedure, 1973 (in short the ‘Code’) having upheld by a learned Single Judge of the Bombay High Court, this appeal has been filed. It is of relevance to note that the appellants had filed a revision before the learned Additional Sessions Judge, Gondia, questioning legality of the order dated 7.2.1989 passed by the SDM. The revisional authority held that the order passed by the SDM was not legal. Thereafter a revision was filed by the five of the original applicants, who had initiated action before the SDM. The High Court as noted above, by the impugned judgment held that the order passed by the SDM was legal and proper. The revisional court should not have interfered with it.

2. Backgrounds facts as per the complainants are as follows :

The original non-applicant M/s. Ramchand Bhagirath is a proprietary concern of Bhagirath Ramchand Agrawal (since deceased). He was a commission agent in a Kirana goods and was also a wholesale dealer in dry chillies. In Ansari Ward of Gondia city, he had a godown in a double s