IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43763 of 2007 SANJAY CHOUBEY @ SANJAY KUMAR CHOUBEY, S/O- LATE SARBA NAND CHOUBEY, RESIDENT OF VILLAGE-GOSAIPUR, P.S.- BRAHAMPUR, DISTRICT- BUXAR. Versus 1. THE STATE OF BIHAR 2. SRI NIWAS CHOUBEY 3. RAM NIWAS CHOUBEY BOTH ARE SONS OF LATE DINA NATH CHOUBEY, R/O- GOSAIPUR, P.S.- BRAHAMPUR, DISTRICT- BUXAR. ----------- 3 16.02.2010 Heard both sides. The petitioner is aggrieved by the order dated 30.7.2007 passed by the learned Additional District and Sessions Judge, F.T.C.-2 Buxar in Cr. Misc. no. 180/2005 whereby the learned revisional court has allowed the revision preferred by the first party of the proceeding, and remanded the case back to the learned lower court to pass a fresh order in accordance with law as also keeping in view the observation made in the order. While assailing the order, learned counsel for the petitioner submits that the learned revisional court has completely misdirected itself in giving undue weightage to the document of title that is the khatiyan (Ext.A). Admittedly, both the parties are descendants of one common ancestor. It is submitted that the learned Trial Court has considered all aspects of the matter including the evidence of actual possession. The trial court has based its judgment mainly on the panchnama arrived by and between the parties. Learned counsel further highlights that one of the signatories of the said panchnama namely Ram Niwas Choubey in his deposition has 2 also accepted the execution of the said panchnama. In his submission, the learned revisional court has wrongly placed undue importance on Khatiyan as the court in a proceeding under Section 145 Cr.P.C., is concerned mainly with the factum of actual possession. Learned counsel for the opposite party handed in an order dated 25.3.2008 passed by the learned Executive Magistrate, Dumraon in order to show that the matter has now been finally disposed of by the learned court below on remand. The order is placed on record marked “Y”. Since the final order on remand has already been passed by the learned court below, this court is not inclined to entertain the present application. The petitioner may, if so advised, challenge the final order now passed on remand by the trial court. The petitioner is free to raise all issues in the said proceeding assailing the aforesaid order passed by the learned Magistrate on remand. With this observation, the application is disposed of. pkj ( Kishore K. Mandal, J. )