Penal Code, 1860–Secs. 323 & 390/34 [Corresponding Sec. 115(2) & 309(1), (2), (3)/3(5)]–Cognizance on the protest petition–Order of–Set aside by the Revisional Court–Appreciation of–Final report submitted by the police specifically records that a revenue suit concerning the land in question was pending before the competent Revenue Court wherein, the petitioner had admitted that the land stood allotted in favour of private respondents and the possession thereof was also with them–Allegations regarding assault and snatching of money could not be substantiated–Order of cognizance was passed without adverting to or considering the final report–Held, Revisional Court rightly directed in the matter for fresh consideration of the protest petition.
