JAGDISH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Miscellaneous Petition under Sec. 482 Cr.P.C. has been filed by the petitioners against the order dtd. 3/9/2020 passed by learned Additional Sessions Judge, Dudu, District Jaipur (for short "learned Revisional Court") whereby the learned Revisional Court declined as also to invoke the jurisdiction and to interfere in the order dtd. 27/7/2020 passed by the learned Sub-Divisional Magistrate (SDM), Dudu, District Jaipur, whereby the SDM passed the order under Ss. 145,146(1) Cr.P.C and appointed Receiver directing to the Tehsildar Mozmabad to take the Government land from the possession of Pujari and maintained the status-quo, as it was existed, on that day. The matter was pending for consideration before the learned ACJM, so, the order passed, would be based on the order pending decision in case No.66/2016, "titled as "Murti Bagvan Shri Gopalji Vs. District Magistrate".

(2.) Learned counsel for the petitioners submits that the disputed agriculture land is recorded in the name of Mafi Mandir Shri Gopal Ji situated in village Seva, Tehsil Mozmabad. Learned counsel for the petitioners further submits that the disputed land is being cultivated by ancestors of the petitioners since long. Learned counsel for the petitioners also submits that the private respondents are creating hurdles on the peaceful possession of the petitioners. Learned counsel for the petitioners further submits that the private respondents are trying to dispossess the petitioners from the year, 2016. The petitioners had filed a civil suit for injunction before the learned Senior Civil Judge and Additional Chief Judicial Magistrate, Dudu, Jaipur in which learned Court below vide order dtd. 20/9/2016 directed the parties to maintain status quo. Learned counsel for the petitioners also submits that in spite of pending the civil suit, SDM, Dudu, Jaipur wrongly initiated the proceedings under Ss. 145 and 146(1) Cr.P.C. Learned counsel for the petitioners also submits that the said complaint was investigated by the concerned police officers in which it was clearly stated that the petitioners are Pujaris and they are cultivating the land. Learned counsel for the petitioners further submits that order of the learned SDM is illegal. Learned counsel for the petitioners also submits that the learned SDM has wrongly ordered to the Tehsildar Mozmabad for appointing "Receiver" till final disposal of the civil suit. Learned counsel for the petitioners further submitted that the petitioners had filed a revision petition against the order of the learned SDM but learned Revisional Court also erred in dismissing the revision petition. Learned counsel for the petitioners also submits that the Apex Court and various High Courts clearly stated that when a civil suit is pending, proceedings under Ss. 145 Cr.P.C. cannot be initiated. So, orders passed by the learned SDM, Dudu, Jaipur as well as learned Revisional Court be set-aside.

(3.) Learned counsel for the petitioners has placed reliance on the following judgments; (1) Ram Sumer Puri Mahant, Vs. State Of U.P. and others reported in AIR 1985 SC 472; (2) Chatra Ram and Ors. Vs. State Of Rajasthan and Ors. Reported in 1996 WLC Raj UC 161; (3) Mahant Ram Saran Das Vs. Harish Mohan in Case No.794/2000 decided on 15/9/2000; (4) Sahab Ram and Anr. Vs. State Of Rajasthan in S. B. Criminal Revision Petition No.390/1994 decided on 1/11/2011 and (5) Jagdish Prasad and Anr. Vs. State Of Rajasthan and Others in S. B. Criminal Miscellaneous Petition No.665/2002 decided on 9/2/2009.