SHIV NARAYAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the wake of instant surge in COVID-19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) This criminal revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred claiming the following reliefs:

(3.) The controversy in the present case is limited to the extent that the present revision petition under Sec. 397 read with Sec. 401 Cr.P.C. has been preferred by the petitioners, against the order passed by the Addl. Sessions Judge in Cr. Revision Petition No. 52/2007 by which the order, dtd. 17/5/2007, passed by the S.D.M., Desuri, District Pali in Cr. Misc. Case No. 11/1989, was quashed and set aside. Through the said order dtd. 17/5/2007, the concerned S.D.M. had directed that the possession of the land in dispute between the present parties, be handed over to the petitioners, whilst upholding two judgments passed by the learned Civil Court; the first being Civil Original Case No. 82 of 1993, was dismissed on 13/12/2000, and the second being Civil Regular First Appeal No. 2 of 2001, was also subsequently dismissed, with the concurrent finding that the Will in question, basis which the respondents staked their claim in relation to the property in question, was fraudulent and therefore did not create any rights in the favour of the respondents.