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1958 Supreme(All) 12

M.C.DESAI
TAASHUQ HUSSAIN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
R.D.Gupta

M. C. DESAI, J.

( 1 ) IN a proceeding under Section 145, Cr. P. C. the Magistrate not being able to decide which party was in possession referred the dispute under Section 146 (1) to a civil Court and the latter gave a finding to the effect that the opposite party was in possession. On receipt of the finding the Magistrate passed the order under revision stating that he had seen the order of the civil court and directing that the property be released in favour of the opposite party. The applicant being aggrieved by the order filed an application in revision in the Court of the Sessions Judge, who dismissed it remarking that under Section 146 (1-D) the finding of the civil Court on the reference could not be appealed against or revised or reviewed and that the learned Magistrate was bound to dispose of the case in accordance with the finding.

( 2 ) IT was contended before me that in a revision application against an order of the Magistrate passed under Section 146 (1-B) the finding of the civil Court on the reference can be challenged. It is kid down in Section 146 (1-D) that:

"no appeal shall lie from any finding of the Civil Court given on a reference under this section nor shall a






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