Interim possession

Application filed by complainant was allowed by Trial Court under S.7(1) of Illegal Dispossession Act, 2005 and interim order was passed directing the accused for restoration of possession of property in dispute

Validity

Trial was not started until period of seven days, after supplying of relevant copies to accused, in terms of S. 265(b)(2), Cr.P.C. had expired and charge was framed, which could be considered as a first step towards commencement of trial

Charge was not framed against accused and only he had been supplied copies of complaint and relevant documents on the basis of which Trial Court had passed the order

Trial Court did not attend itself to the condition precedent appearing in S.7 of Illegal Dispossession Act, 2005, before passing the order, which was without lawful authority and was not sustainable in the eyes of law

High Court set aside order passed by Trial Court, as a result application under S.7 of Illegal Dispossession Act, 2005, was deemed to be pending before Trial Court for decision afresh after framing of charge

Revision was allowed accordingly.