SUWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been preferred-against the order dated 5. 12. 1991 passed by the Additional District and Sessions Judge, Jaipur District by which he has accepted the revision of the non-petitioners and set aside the order of the S. D. M. Sambhar Lake dated 13. 10. 91 passed under Section 146 Cr. P. C.

(2.) THE dispute related to 302 Bighas of land in village Panwa Kalan bearing Khasra Nos. 194, 196, 197 and 198. Some incident occurred on 13. 10. 1991 on basis of which the Station House Officer, Police Station Dudu submitted a report before the S. D. M. Sambhar Lake at the site itself and the S. D. M. passed an order attaching the standing crops on the disputed fields. THE proceedings under Section 145 Cr. P. C. were drawn later. THE learned Additional Sessions Judge held that the satisfaction of the Magistrate about the existance of a dispute likely to cause breach of peace is to be recorded first and only after that an order under Section 146 Cr. P. C. can be passed. As this procedure had not been followed and there was no material on basis of which satisfaction could be recorded, the order passed under Section 146 Cr. P. C. was set aside.

(3.) IN this petition, I see no reason to interfere with the order passed by the learned Addl. Sessions Judge and this petition is hereby dismissed. .