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1968 Supreme(P&H) 148

S.S.SANDHAWALIA, SHAMSHER BAHADUR
Lal Singh – Appellant
Versus
State – Respondent


Judgment

SANDHAWALIA, J.

1. The point of law which has necessitated the reference of this Criminal Miscellaneous Application to a Division Bench may be formulated in the following terms :-

"Is this High Court empowered to revoke, review, recall or alter its own earlier decision in a Criminal Revision and rehear the same ?"

The facts which deserve notice for the limited purpose of this application may now be surveyed. By his order dated the 22nd October, 1967, the Executive Magistrate 1st Class, Sangrur, in proceedings under Section 145, Criminal Procedure Code, held that Karnail Singh and others were in possession of the land in dispute on the 6th of May, 1967, and directed the delivery of the same to them. Against this order, Lal Singh and others (respondents in the present Criminal Miscellaneous Application) went up in revision to the learned Sessions Judge, Sangrur, who by his order dated 1st April, 1968, made a recommendation to the High Court for the acceptance of the revision on the basis of the reasons given therein. It was recommended that the order of the learned Magistrate dated the 22nd October, 1967, be set aside, and the possession of the land be ordered to be delivered
















































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