SUA LAL Vs. KANA

JUDGEMENT

(1.) Facts giving rise to this petition in brief are that on 3-8-2000, the S.H.O. Dudu, district Jaipur, submitted a complaint under Section 145, Cr.P.C. before the learned S.D.M. Sambherlake, district Jaipur, with the averments that a dispute arose between the parties regarding possession of the agricultural land bearing Khasra No. 511/1060, measuring 19 Bigha and 3 Biswa in village Gazi, Tehsil Dudu for their share and a quarrel took place between both the parties on 30-7-2000 and 18 persons from both the sides received injuries in that incident. Criminal Cases under various Sections of I.P.C. were registered against them and as such there is every likelihood of breach of peace. On this complaint, Tehsildar, Dudu, was appointed Reciver of this land by learned Magistrate, vide order dated 3-8-2000, and he was directed to take over the possession of the land and manage for its cultivation and show cause notices were also issued to both the parties.

(2.) Party No. 2, instead of filing reply to the show cause notice, filed a Criminal Revision No. 21/2000 against the impugned order dated 3-8-2000, which was allowed by learned Additional Sessions Judge Sambherlake, vide order dated 4-7-2001. Consequently the order dated 3-8-2000 was set aside. Hence this revision by persons of Party No. 1 against the impugned order dated 4-7-2001.

(3.) I have heard learned counsel for the parties. The relevant Provisions of Section 145 (1), Cr.P.C. are that whenever an Executive Magistrate is satisfied from a report of Police Officer that a dispute likely to cause a breach of the peace exists concerning any land, he shall make an order in writing stating the grounds of his being so satisfied and may require the parties to attend the Court on a specified date and time to file written submissions of their respective claims regarding the fact of actual possession of the land in dispute.