MADANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the learned S. D. M. , Hanumangarh dated 24-12-79, whereby in proceedings under Section 145 Cr. P. C. , the shop in question was ordered to be attached and Tehsildar Hanumangarh was appointed Receiver with direction to take possession of the shop and look to its management.

(2.) SUCCINCTLY narrated the facts of the case giving rise to this revision petition are that, one shop situate at Sarki-Market at Hanumangarh Town, belonging to the petitioners, was rented out to Santa Singh, non-petitoner No. 2 four years prior to the initiation of the proceedings under Section 145 Cr. P. C. on a monthly rent of Rs. 50/ -. In the intervening night of Is and 2nd November, 1979, the petitioners broke open the lock of the shop and forcibly took it in possession, throwing out the articles belonging to Santa Singh. On the morning of 2-11-79 Santa Singh reaching the shop found the petitioners in occupation of the shop and his articles lying outside. On his raising objection to it, there was quarrel and he was given a beating. Santa Singh lodged the report of the incident with Police Station, Hanumangarh Town and a case under Sections 457 and 323 IPC was registered against the petitioners. In view of the tension between the parties and apprehension of breach peace, the S. H. O , Police Station Hanumangarh filed a report on 6-11-79 with the request that proceedings under Section 145 Cr. P. C. may be initiated. Santa Singh also filed an application in the Court under Section 145 Cr. P. C. with the request that the shop in question may be attached. The learned S. D. M. inspected the site. In view of his observations and the report of the police, he opined that there was apprehension of breach of peace amongst the parties. Hence proceedings under Section 145 Cr. P. C. were initiated and notices were issued to the parties for their appearance in the Court and to produce evidence regarding their possession of the disputed shop. The learned S. D. M. being of the opinion that there was imminent danger of breach of peace, passed an order under Section 146 (1) Cr. P. C. for the attachment of the shop and appointed Tehsildar as Receiver as stated earlier.

(3.) FROM the perusal of the record, it is evident that there was dispute between the parties concerning the shop in question The lodging of the First Information Report with the Police and the case having been registered under Ss. 457 and 323 I. P. C. strengthens the point that the peace and tranquility were in jeopardy. Certain norms are to be kept in view by the Court while initiating the proceedings under Section 145 Cr. P. C. and passing order for attachment of the proper in dispute. The importance of applying mind before passing on order of attachment of the property in dispute and appointment of Receiver for the same, cannot be over emphasized. Courts are to be vigilant about the possession of the parties over the property in dispute and should not lightly pass any order in the proceedings under these provisions. At the same time if the Court is satisfied that if steps are not taken for the attachment of property there would be likelihood of breach of peace, the Court should not hesitate to order attachment of property.