JUGAL RATHORE Vs. JAGDISH RATHORE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure preferred by petitioner seeking direction to Sub Divisional Magistrate, Barwaha to the effect that the objection raised by present petitioner before him be heard and decided on merits by passing an appropriate order.

(2.) FACTS of the case are quite interesting. Present petitioner Jugal son of Gendalal was not a party in the proceedings which were pending before the sub Divisional Magistrate in which first of all order was passed on 23-12-2000 in criminal Case No. 5/145/04 filed by Police Sanawad under the provisions of section 145 of Cr. PC in which non-applicant Nos. 1 and 2 Jagdish and Marubai wd/o Ghisalal were party No. 1 and non-applicant Nos. 3 to 6 (names are mentioned in the cause title) were party No. 2. It was stated in the complaint that the land bearing Survey No. 56; Patwari Circle No. 50; situated in Sanawad having an area of 09. 63 acres and party Nos. 1 and 2 having dispute with regard to the title and possession over the said land.

(3.) THE Sub Divisional Magistrate Barwaha after hearing both the parties, passed an order dated 23-12-2000 that non-applicant Nos. 1 and 2 (Party no. 1) had forcibly dispossessed to non-applicant Nos. 3 to 6 (Party No. 2) from the aforesaid disputed land on 17-4-2000, i. e. , within two months from the date of passing preliminary order and therefore direction was issued against party No. 1 and it is ordered that possession of party No. 2 be restored. This order was challenged by filing Criminal Revision No. 27 of 01 before Addl. Sessions Judge, barwaha who in turn dismissed the same vide order dated 9-1-02. Thereafter a petition under Section 482 of the Code was filed by party No. 1 before this Court bearing No. 569 of 02 and was dismissed by order dated 25-2-02.