SHANKARI Vs. GIRDHARILAL

JUDGEMENT

(1.) THIS revision application arises out of the proceeding under Sec. 145 Cr. P. C.

(2.) THERE was a dispute regarding possession of a 'baithak' and proceedings u/s. 145 Cr. P. C. were taken in respect thereof. As there was imminent danger of breach of the peace, the 'baithak' in dispute was attached and put into the possession of the Police Station, Kotwali, Bharatpur. Both the parties put in their affidavits regarding their respective claim for possession over the 'baithak'. By his order dated 30. 10. 62, the learned City Magistrate, Bharatpur, declared the possession of Mst. Shankari, Rameshchand and Maheshchand over the disputed 'baithak' on the date of the preliminary order. In that very order, he directed the SHO to hand over possession of the 'baithak' to Smt. Shankari, Rameshand and Maheshchand. The SHO, Police Station, Kotwali Bharatpur, accordingly handed over possession of the 'baithak' to Mst. Shankari and others on 31-10-72. The opposite party namely, Girdharilal filed a revision petition on 1. 11. 72 before the learned Sessions Judge, Bharatpur, against the order of the City Magistrate, dated 30-10-72 and also prayed for direction to the City Magistrate that the execution of the impugned order be suspended till the decision of the revision petition. This application for interim order was challenged by Mst. Shankari and others on the ground that they had already obtained possession of the disputed 'baithak' on 31. 10. 72 from the SHO, Police Station, Kotwali, Bharatpur. The learned Sessions Judge on 10-11-72 allowed the application filed by Girdharilal and suspended the execution of the order dated 30-10-72. He further ordered that the City Magistrate shall take possession of the disputed property from Mst. Shankari and others and keep it into his custody or with any other officer appointed by him in this behalf until final decision of the revision petition. It is against this order of the learned Sessions Judge Dated 10-11-72 that the petitioner Mst. Shankari has preferred this revision petition.