PEERUSINGH Vs. GANGASINGH AND OTHERS

JUDGEMENT

(1.) This is a revision petition arising out of the proceedings under Sec. 145, Cr. P. C. relating to agricultural land.

(2.) Khasra No. 419/60 measuring 43.3 bighas situated in village Silwa, Tehsil Nokha, District Bikaner is said to have been purchased in the joint names of the petitioner and one Narsiram who is the brother-in-law of the petitioner. Narsiram transferred his share in the joint lana to Smt. Uchhav Davi non-petitioner No. 2 of whose husband is Gangasingh non-petitioner No. 1. An application under section 145, Cr. P. C. was filed by the petitioner in the court of learned Sub-Divisional Magistrate, Bikaner (South) on 19. 9. 79 and the learned Sub-Divisional Magistrate made an order under sub-section (1) of Sec. 145, Cr. P. C. on the same day. Treating the case as one of emergency, he also ordered the land to be attached. A revision petition was filed by the non-petitioners against the order of the learned Sub-Divisional Magistrate and the same was allowed by the learned Sessions Judge and holding that as the case relates to agricultural land which is said to be in joini possession, proceedings under section 145, Cr. P. C., were not maintainable and the order of the learned Sub-Divisional Magistrate dated 19. 9. 79. making the preliminary order and attaching the land in dispute was set aside.

(3.) I have heard the learned counsel for the parties.