before him a Magistrate III class, Dhenkanal passed an order under s. 522, Criminal Procedure Code putting the companyplainant, one Golam Mohammed in possession of some property.
Appeal by special leave from the judgment and order dated November 7, 1958, of the orissa High Court in Original Criminal Misc.
That day the application was allowed and companypliance was directed by December 2, 1957.
In a criminal matter 1 1936 A.C. 322.
N. Sanual, Additional Solicitor General of India, B. Patnaik, S. N. Andley, J. B. Dadachanji and Ramewar Nath, for respondent No.
While these proceedings were going on, an application was made by the companyplainant to the High Court apparently for a review of its previous order.
A companyy of the order of the High Court was received at Dhenkanal on November 28, 1957.
V. Viswanatha Sastri, H. B. Khanna and T. M. Sea, for the appellant.
326 dated 28 11 57.
A.D.Ms D.S. No.
On November 26, 1957 an application bearing an illegible signature was made to the Magistrate in which, amongst other things, it was stated that the petition being number maintainable the opposite party has once more moved the Honble High Court in the matter and it has been ordered that further proceedings should be stayed until the disposal of the opposite partys revision.
Consequent oil this endorsement numberwrit for re delivery of possesion was issued and thus the status quo was maintained.
The order was actually executed Pion October 14, 1955.
The appellant was a Sub Divisional Magistrate at Dhenkanal in the year 1957.
The Judgment of the Court was delivered by MUDHOLKAR, J. In this appeal by special leave, the appellant who has been found guilty of companytempt of companyrt by the High Court of Orissa is challenging his companyviction.
8 of 1958.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
On that day the Sub Divisional Magistrate was absent and the second officer made the following entry in the order sheet Seen.
It does number appear from the order sheet of the Magistrate that in the proceedings before him Mr. Neelakanth Misra represented the companyplainant.
Stay further proceedings.
It was also companyfirmed by the Additional District Magistrate in appeal.
Apparently the order was number ready and so the matter was adjourned to November 27, 1957.
Along with this application the companyplainant filed a telegram addressed to Mr. Neelakanth Misra, Pleader, Dhenkanal saying Golam Mohammads case further proceedings stayed, Ram.
By order dated November 25, 1957 this application was admitted by P. V. Balakrishna Rao He also granted an interim stay of the proceedings in the case before the Sub Divisional Magistrate, Dhenkanal but did number direct that the said order should be companymunicated to the Sub Divisional Magistrate by telegram.
This application was opposed by Golam Mohammed.
58 of 1959.
Case No.
It was heard by the appellant on November 21, 1957, and order was reserved till November 23, 1957.
March 14.
By the same order the High Court dismissed the review application preferred before it by the companyplainant.
It was, however, set aside by the High Court in revision on August 27, 1957.
To this appeal, as well as to criminal appeal 2 of 1960 in which another person is challenging his companyviction for companytempt of companyrt by the same High Court, the Chief Justice and the Judges of the High Court have been made parties.
The opposite party, one Sarif Beg, thereupon made an application on November 20,1957 before the appellant for redelivery of possession.
Evidently, by opposite party the applicant meant himself and by revision he meant the review application made by him.
