HARCHAND RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Misc. Petition, challenge has been made to the order dtd. 10/2/2022 passed by the learned Additional District and Sessions Judge, Pokran in Criminal Revision No.14/2021 as well as the order dtd. 25/10/2021 passed by the learned Sub-Divisional Magistrate, Pokran in Case No.M7/2019 (Parvati Devi Vs. Harchand Ram and Ors.) whereby the application of the petitioner for detaching the property has been rejected and revision petition has been dismissed.

(2.) Learned counsel Shri Dinesh Kumar Godara appearing for the petitioner submits that the entire proceeding has been undertaken in direct conflict of law and the same has been done by going beyond jurisdiction. It is further submitted that although there was no imminent danger of breach of peace and tranquility yet upon a complaint made for initiation of proceeding under Sec. 145 (1) Cr.P.C., learned Executive Magistrate (SDM), Pokran vide its order dtd. 28/3/2019 directed to institute proceeding under Sec. 145 (1) Cr.P.C. and issued notice to the parties concerned. No order under Sec. 146 (1) of the Cr.P.C. i.e. no speaking order regarding attachment of property was passed despite that the SHO concerned took steps for attachment of property under colourable exercise of powers. The petitioner moved an application to the learned SDM, Pokran for releasing the property and submitted that the learned Court concerned has not passed any order of attachment, therefore, the property in question may be directed to be detached but the said application has been dismissed vide impugned order dtd. 25/10/2021.

(3.) Learned counsel Shri Godara further submits that aggrieved by the order dtd. 25/10/2021, the petitioner challenged legality, correctness and propriety of the order by way of filing a revision petition but even the learned Additional District and Sessions Judge, Pokran has also lost sight to appreciate the correct, legal and factual aspects of the matter and dismissed the Criminal Revision vide order dtd. 10/2/2022 thus, he submits that since both the order are patently illegal, passed without jurisdiction and without due application of judicial mind, therefore, continuance of the orders passed by the Courts below would surely amount to an abuse of process of law, therefore, to secure the ends of justice interference by this Court is called for.