Judgement

NARASIMHAM, J. :- This is a revision petition against an order dated 8-2-52 passed by Mlv. S. Ali, a Ist Class Magistrate of Cuttack, in a proceeding under S.145, Criminal P.C. The petitioners were the second party in that proceeding, the opposite party being the first party. The proceeding was initiated by the Subdivisional Magistrate on 11-1-50 on the basis of a police report and the usual notices to both parties were directed to issue. On 15-3-50 both parties appeared before the Court and the first party filed their written statement on the same date whereas the second party filed their written statement on 6-4-50. The case was then transferred to the file of Sri N.N. Mitra, Magistrate 1st Class for disposal. After some adjournments the case was fixed for hearing on 10-3-51 on which date the first party were absent. The learned Magistrate then passed the following order:

"10-3-51. The 1st party is absent. There is no hazira. No lawyer appears. There is no response in spite of repeated call. The 2nd party to commence his evidence. The 2nd party is examined. On the evidence adduced by the 2nd party, I declare his possession of the disputed property and he will continue hi