S.K.Chattopadhyaya, J.

1. This application under Sec. 482 of the Code of Criminal Procedure has been filed for quashing the order dated 7.2.88 passed in Criminal Revision No. 28/88.

2. It appears that the Executive Magistrate by his order dated 28.1.88 declared the possession of the petitioner over the disputed land; The opposite parties moved in revision and the First Additional Sessions Judge, Dhanbad, by the impugned order, set aside the order of the Executive Magistrate declaring the possession of opposite party Nos. 1, 2 and 3 over the disputed land.

3. A preliminary objection has been raised by Mr. M.P. Sinha, learned Counsel appearing on behalf of the opposite parties about the maintainability of this application. Firstly, he submits that the impugned order being revisable under the Code of Criminal Procedure, the petitioner ought not to have filed this quashing application. Secondly, it is contended that against the same order the petitioner earlier moved this Court under Sec. 482 of the Code in Cr. Misc. No. 557/88 (R) which was dismissed as withdrawn on 8.3.88. he submits that the present application should be dismissed on that score alone.

4. Mr. N.K.P. Sinha, le