GIRRAJ SINGH Vs. TULSA

JUDGEMENT

(1.) Present criminal revision under Section 397 and 401 of Cr.P.C. has been preferred by the petitioner against the order dated 25/2/2019 passed by Second Additional Sessions Judge, Bhind; whereby, the criminal revision preferred by the respondents against the order dated 14/12/2017 passed by Sub Divisional Magistrate, Bhind has been allowed and matter has been remanded back before the SDM Court to decide the case afresh on merits.

(2.) Precisely stated and submitted facts of the case are that petitioner preferred an application under Section 145 Cr.P.C. in the month of June, 2017 with the allegations that respondents are owners of Survey No. 3970/3; however, they are trying to encroach over the part of the land of survey No. 3970/1. SDM, Bhind granted ex parte order of stay on 21/6/2017 and from the submissions of parties, it appears that order of stay continued till 23/9/2017 till final disposal of the proceedings. The respondents have preferred a criminal revision before the Additional Sessions Judge, Bhind against the ex parte order of stay and vide order dated 24/11/2017, learned Sessions Judge allowed the said revision and remanded the matter back for deciding it afresh on merits while giving opportunity of hearing to both the parties and parties were directed to appear before the SDM on 30/11/2017.

(3.) It further appears that petitioner moved another application for appointment of receiver on 27/11/2017 (prior to hearing of appearance of parties on 30/11/2017) with the allegations that till 23/9/2017, stay was continued and therefore, receiver be appointed and SDM vide order dated 14/12/2017 allowed the application and directed for attachment of property and further directed the Station House Officer, PS Dehat, District Bhind to select person who may be appointed as receiver as per his choice.