FAIYAJ ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present misc. petition (S.B. Criminal Misc. Petition No. 2237/2016) filed by the petitioners under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), arises out of the order dtd. 10/5/2016, passed by the learned Additional Sessions Judge, Parbatsar, District Nagaur (hereinafter referred to as 'the revisional Court'), vide which the revision filed by Faiyaj Ali and Ors. was partly allowed and the order dtd. 26/8/2015, passed by learned Sub-Divisional Magistrate, Makrana (hereinafter referred to as 'the trial Court') was set aside to the extent of appointment of receiver.

(2.) The facts relevant for the present purposes are that Station House Officer, Makrana filed an application under Sec. 145 of the Code before the learned trial Court, inter-alia, stating that in light of the earlier incident of mutual scuffle between the parties involved, there is likelihood of peace and tranquility being disturbed.

(3.) It was prayed by the Station House Officer, Makrana that the disputed mine No. 49/1A situated in Kalanada, Ulodi range, Makrana be attached and a receiver be appointed to protect the property and to maintain peace and tranquility so also law and order situation.