SANTOSH JAIN Vs. SALIM KHAN

JUDGEMENT

(1.) This revision petition under Section 397/401 of the Code of Criminal Procedure 1973 is directed against an order dated 07th September,10 passed in Criminal Revision No. 89/2011, by the Additional Sessions Judge Sironj District Vidisha (M.P.), whereby the revisional court by allowing the revision petition of the Respondents, set aside the order dated 27th March, 10 of the Sub Divisional Magistrate Sironj M.P. for attachment of agricultural lands with standing crops after appointment of the receiver in order to hand over the attached properties to him in Case No. 57/145/2010 and remanded the matter back with a direction that after affording an opportunity of hearing to the parties, a fresh order under Section 146 of Code of Criminal Procedure may be passed.

(2.) The facts in short, just for the decision of the present revision are that Petitioners/party No. 1 filed the application under Section 145 of the Code of Criminal Procedure 1973 to the effect that disputed agricultural lands comprising Survey No. 73 in area 0.610, and Survey No. 144 in area 1.517, situated in Village Akabarpur was owned by the father of Petitioner in family partition and he was in possession and was cultivating the land and was receiving the crops of that land. Petitioners' Abhay Singh was murdered in the year 1995 and by succession the Petitioners became the owners of the disputed land and they were cultivating the land. The Respondents/party No. 2 had no right, title or interest in the disputed land but they are creating obstruction in peaceful possession of the Petitioners. It was also averred that on the land in dispute, there was strain full relations between the parties. Previously, the members of the Respondents/party No. 2 committed murder of Abhay Singh, father of Petitioners and they were convicted for offence under Section 302 I.P.C. There is every likelihood of disturbances in the locality. Therefore, it is requested that for peace and maintaining the law and order, some independent Receiver may be appointed and the possession of the land be handed over to him. Another application under Section 146(1) of Code of Criminal Procedure for taking immediate safety measurements like appointment of Receiver and handing over of the disputed land etc. was also filed with the petition under Section 145 Code of Criminal Procedure

(3.) The learned trial Magistrate being satisfied on preliminary inquiry, issued show-cause notice to the Respondents/party No. 2 and case was posted on 07th April, 10. On subsequent day on 27th March, 10, the trial court, after due consideration of the application under Section 146 of Code of Criminal Procedure , directed the local police authority that the disputed land with standing crops be attached and handed over to some independent person of the village. Against the order dated 27th September,10, the revision petition before Additional Sessions Judge, Sironj was filed. The learned Additional Sessions Judge by allowing the revision petition, set aside the order of the trial Magistrate for handing over the possession along with standing crops to some independent person and directed the learned Sub Divisional Officer that after affording an opportunity of hearing to the parties, a fresh order on an application 146 Code of Criminal Procedure be passed.