MUKESH PARIHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Sec. 482 Cr.RC., petitioner seeks to quash the order of the learned Assistant Collector and Executive Magistrate dated 28.11.2000, so far as it relates to continue the subject property under attachment.

(2.) The learned Magistrate has found that the disputed land is in the joint Khatedari of party No. 1 and party No. 2. It has also been admitted that the revenue suit in between the same parties regarding the subject land is pending. The learned Magistrate by the impugned order while dropping the proceedings u/s. 145 Cr.PC., has continued the property under attachment.

(3.) After hearing learned counsel for the parties, I am of the view that the petition deserves to be allowed. The proceedings u/s. 145 Cr.PC. are essentially police proceedings. It is well settled that the proceedings u/s. 145 Cr.RC. are not attracted in a case of joint property. In fact, the learned Magistrate himself has dropped the proceedings u/s. 145 Cr.PC. However strangely, he has directed the Receiver to continue in possession of the property, until the matter is decided by the revenue Court. In my view, in the facts of the case, when the Court has come to the conclusion that the dispute is to be decided by the revenue court and as such the proceedings u/s. 145 Cr.RC were dropped, it was inexpedient to continue the property under attachment, in the case, there is any apprehension of breach of peace, appropriate proceedings can be taken under the provisions of Sections 107 and 160 Cr.RC. Consequently, the petition is allowed. The order of the learned Assistant Collector, Jalore dated 28.11.2000, so far as it relates to continue the property under attachment and the directions to the Receiver, stand quashed. Petition allowed.