RAM SWAROOP SINGH Vs. STATE & ORS.

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr. P.C. against the order of learned Additional Sessions Judge, Shahpura, district Jaipur, dated 16.11.2000 and order dated 23.9.2000 passed by S.D.M. Kotputli.

(2.) The facts in brief are that the S.H.O. Police Station Shahpura, filed a complaint in the Court of learned A.C.M. Shahpura under Sec. 145 Cr. P.C. with the averments that agricultural land of Khasra Nos. 402/64 and 403/64, measuring 1.28 Hectare, situated in village Chatarpura, is in the name of Surgyan and others who are sons of Jwala Prasad in revenue record. On partition of this land after the death of Jawala Prasad, this land came to the share of Surgyan Party No. 1 in this complaint. Thereafter on 15.6.1996 Surgyan lodged a written report against Ram Swaroop Singh, Party No.2 and others under Ss. 147,447,323,354 IPC and during investigation of that case. Ram Swaroop submitted one agreement. As per this agreement, Surgyan agreed to sale this land to Ram Swaroop Singh. According to this complaint, both the parties claim this land and on account of dispute over this land, there is every likelihood of the breach of peace. Therefore, the land may be taken in possession to maintain peace.

(3.) Learned A.C.M. passed the order on 2.10.1996, under Sec. 145(1) Cr. P.C. and issued notice to both the parties on 22.10.1996. Thereafter the learned A.C.M. vide order dated 18.5.1999, decided that he has no jurisdiction to hear this matter as it is within the jurisdiction of S.D.M. Kotputli, hence the case was transferred to S.D.M. Kotputli. Learned S.D.M.. Kotputli. vide order dated 23.9.2000 came to the conclusion that there is dispute regarding possession of the land between the parties and any serious incident may take place and it appears a matter of emergency, therefore, this land was attached as provided by Sec. 146( 1) Cr. P.C. and Tehsildar, Viratnagar was appointed as Receiver. This order was challenged in revision by the petitioner Ramswaroop Singh. The Criminal Revision No.25/2000 was dismissed by learned Additional Sessions Judge, Shahpura, vide order dated 16.11.2000. Hence this petition.