SAHAB RAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - The present revision petition has been filed by the petitioners against the order dated 15.11.1994 passed by learned District and Sessions Judge, Hanumangarh in Criminal Revision Petition No. 62/1992 whereby he reversed the order dated 1.5.1992 passed by ACM, Sangaria in case No. 14/1991 whereby the learned ACM has dropped the proceedings under Section 145 Cr.P.C.

(2.) Assailing the said order, Mr. M.K. Garg, counsel for the petitioner submits that the ACM had dropped the proceedings considering the fact that civil cases were going on between the parties in relation to the same land and an injunction order had also been passed in the civil case. He further submits that ACM took into account the fact that there was no apprehension of breach of peace existing as regards the land in question and as such, as per the learned counsel, there was no justification for the revisional Court to have set aside the order of the ACM. This Court had called for the record of the trial Court and as such, in pursuance to the revisional Courts' order, no further proceedings have been undertaken in the Court of ACM, Now nearly 18 years have passed since the proceedings under Section 145 Cr.P.C. were dropped and in the opinion of this Court, there cannot be any justification for restoring the proceedings under Section 145 Cr.P.C. in relation to the disputed property after the passage of such a long period of time. Such a restoration would be totally contrary to the very spirit of the proceedings under Section 145 Cr.P.C.

(3.) Accordingly, the revision petition is allowed. The order dated 15.11.1994 passed by the learned Sessions Judge, Hanumangarh in the Revision Petition No. 62/1992 is set aside and the order dated 1.5.1992 passed by the ACM Sangaria in case No. 14/1991 is restored.