BABURAO Vs. MAHARUDRAPPA

JUDGEMENT

(1.) THIS petition is preferred seeking to quash the order dated 01.12.2014 passed by the Additional District and Sessions Judge, Bidar, in Criminal Revision Petition No.28/2013, wherein the learned Additional District and Sessions Judge has set aside the order passed by the Taluka Executive Magistrate, Aurad in MAG/CR/4/2011 -12 dated 27.08.2011 initiating the proceedings under Section 145 of Cr.P.C., and passing order under Section 146 of Cr.P.C., for appointing Revenue Inspector as Receiver in respect of Sy.No.50, 9/1 and 9/2 of Santhpur village.

(2.) I have heard the arguments of the learned counsel for the petitioner. Perused the records.

(3.) THE Taluka Executive Magistrate, Aurad, has passed an order on the basis of the police report and after issuing notice to the parties to the proceedings under Section 145 of Cr.P.C., appointed receiver under Section 146 of Cr.P.C. The order of the executive Magistrate discloses that the parties have already before the Civil Court in O.S.No.58/2010 for their remedies. The learned Magistrate has not at all examined as to what is the dispute between the parties before the civil Court, nor he examined whether the civil Court has passed any order in respect of the possession of the property. It appears, the learned Magistrate has not at all recorded the statement or the evidence of the witnesses. The Taluka Executive Magistrate has only stated that he was satisfied with regard to existence of breach of peace, therefore, he appointed the receiver i.e., Revenue Inspector, Aurad, in respect of Sy.Nos.27/A, 27/B and 5 of Kappikeri village and appointed the Revenue Inspector of Santhpur, as receiver in respect of Sy.Nos.50, 9/1 and 9/2, till civil Court passes any order.