1954 Supreme(Raj) 73
SHARMA
Kalu – Appellant
Versus
Mamoti Sahai – Respondent
Advocates Appeared:
O.P. Sharma, for Accused
Sharma, J.—This is a reference by the learned Sessions Judge, Alwar on an application for revision filed by Kalu alias Kalia who was convicted under sec. 447 of the Indian Penal Code by the Extra Magistrate, Tijara. No order for restoration of possession was made by the trial Magistrate at the time of the conviction of the accused. An appeal was filed in the case and was dismissed by the learned Sessions Judge, Alwar, but on order for restoration of possesion was made by the appellate court. Within a month from the original order of conviction, the complainant Mangti Sahai made an application under sec. 522(1) of the Criminal Procedure Code for restoration of possession. This application could not be disposed of within one month as the file had gone to the appellate court. An application by way of reminder was made by the complainant on the 20th of January 1955, and ultimately, the learned trial Magistrate ordered restoration of possession by an order dated the 21st of April 1953. Against this order, the present applicant Kalu went in revision to the court of Sessions Judge, Alwar who apparently felt that no order could be made by the Magistrate for restoration of possession more t
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