RAISNI KARSAN GARVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) What is the extent of jurisdiction of an Executive Magistrate under section 145(1) of the Code of Criminal Procedure, 1973 (for short "the Code") is the short question, that is required to be answered, in this Special Criminal Application moved under Section 482 of the Code and Article 227 of the Constitution of India.

(2.) For the purpose of dealing with the question in the context of the legal position, it would be appropriate in the first instance to set out the facts. The facts are so stated in two different stages out of which second stage would be relevant stage so far as the present application is concerned.

(3.) Inspite of the facts alleged as above the present applicant Mr. Raishi Karsan Garva, with the assistance of some head strong persons forcibly dispossessed the opponent no.2 by ousting his younger brother and by administering threats. It is in this fashion that the present opponent no.2 (applicant of the main application) came to be dispossessed of the petrol pump in question by the present applicant on 5th February, 1992. The opponent no.2 herein tried to persuade the present applicant and aforesaid tax consultant Mr. Bharat K. Joshi (opponent no.2 in the above application) for restoration of the possession of the petrol pump in question, but in vain. Thereafter on 27th February, 1992 the present applicant Mr. Raishi administered threats to the present opponent no.2 for leaving Kutch, resulting in apprehension of life and property in the mind of the opponent no.2 Mr. Amrutlal Ratanshi Patel. In this fashion the present applicant had forcibly taken possession of the assets worth Rs. 1.5 lacs to Rs. 2.00 lacs belonging to the present opponent no.2. Under such circumstances there was every possibility of breach of public peace being committed by the present applicant. In order that should happen and in order that the present opponent no.2 might be involved in some offences wrongly, the present opponent no.2 gave application dated 5th March, 1992 to the D.S.P. Kutch. Setting out such facts and enclosing copies of the documents referred to in the application, present opponent no.2 made prayers as aforesaid in his main application. He also moved an application on the same day before the learned Executive Magistrate for interim mandatory injunction by way of preventive measure directing restoration of possession of the petrol pump in question in his favour.