BRIJLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of instant petition under Section 482 Cr.P.C., petitioner has challenged the order datd 7.4.2004 passed by the learned Sessions Judge, Sri Ganganagar refusing to interfere with the order dated 1.1.2004 passed by the learned Additional District Magistrate (City), Sri Ganganagar attaching the subject property under the provisions of Section 146 Cr.P.C.

(2.) Brief facts of the case are that the SHO, Police Station, Jawahar Nagar filed a complaint under Section 145 Cr.P.C. in the Court of ADM (City), Sri Ganganagar stating inter alia that in the City of Sri Ganganagar, there is a place known as "Soni Dharamshala" belonging to "Swarankar Sabha". Petitioner herein Brijlal was President of the "Swarnkar Sabha" for number of years. A dispute took place between the two groups of the caste about the election of the President of the "Sabha". This led to apprehension of breach of peace between the parties. Learned A.D.M. (City) apprehending the breach of peace initiated proceedings under Section 145 Cr.P.C. and attached the "Soni Dharamshala". The said order has been confirmed by the learned Sessions Judge.

(3.) I have heard learned counsel for the parties and perused the record. There is nothing to show that there was a dispute pertaining to "Soni Dharamshala". The apprehension of breach of peace is on account of non-holding of election by the petitioner herein. Thus, apparently the learned Magistrate has exceeded his jurisdiction initiating proceedings under Section 145 Cr.P.C., as the dispute is not related to any property. If there was apprehension of breach of peace, the learned Magistrate could have invoked the provisions of Sections 107/116 Cr.P.C. and the parties could have been bound down to maintain peace. Thus, to my mind, the proceedings under Section 345 Cr.P.C. in the instant case is an abuse of the process of the Court.