UDAI SINGH Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This misc. petition under Section 482 Cr.P.C. has been filed against the impugned orders whereby orders under Sections 145 and 146(1) Cr.P.C. have been passed and revision petition filed by the petitioner was also dismissed.

(2.) The contention of the present petitioner is that the respondent No. 2 is having a land bearing Khasra No. 1390, just adjacent to the land of the petitioner and the respondent No. 2 wants to grab the land of the present petitioner. He has many a times threatened the petitioner to forcibly dispossess the petitioner. Hence, the present petitioner filed a civil suit for permanent injunction. Thereafter, the respondent No. 2 filed an F.I.R. at Police Station Nadbai, District Bharapur in which final report was placed before the competent Court. But, at the same time, the SHO, PS, Nadbai has also submitted an application under Section 145 Cr.P.C., wherein the learned Court below has appointed a receiver of the said property. The revision petition was also dismissed.

(3.) It has further been submitted that the petitioner is in possession of the agricultural land for last 25 years and the petition has been filed just to fulfill the ulterior motive of the respondent and the trial Court has been guided by the fact that the land is in the ownership of the State but inquiry of ownership is foreign to the proceedings under Section 145(4) Cr.P.C. There is no evidence of any emergency or eminent danger and hence the impugned orders are per se illegal. It has also been submitted that no inquiry has been conducted as provided under Section 145(4) Cr.P.C. and no final order has been passed tinder Section 145(6) Cr.P.C.