MAHENDRA SINGH Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This misc. petition under Section 482 Cr.P.C. has been filed against the order dated 13.7.2006 whereby the Assistant City Magistrate cum Sub Divisional Officer has initiated proceedings under Section 145 Cr.P.C. and at the same receiver has been appointed under Section 146 Cr.P.C. regarding the disputed land and the revision petition has also been dismissed.

(2.) The short facts of the case are that a complaint under Section 145 Cr.P.C. was filed by the SHO, PS, Bagar before the SDM stating therein that petitioner was having the possession of land and he has received the possession by the license given by the father of the respondents Nos. 2 to 5 but now the respondents want to take back the possession but the petitioner has refused to deliver the possession.

(3.) It was not disputed before the trial Court that the present petitioner is in possession of the land and he is cultivating the land. It has also been specifically stated before the trial Court that a civil suit is also pending regarding the same disputed land. The complaint under Section 145 Cr.P.C. has been submitted on the strength of the application, which was given by the respondent No. 2 to S.P., Jhunjhunu, wherein it has been specifically stated that the present petitioner is cultivating the land for last 15 years and it has also been stated in the application that the possession of the disputed land be given to him by dispossessing the petitioner.