SUKHDEV GEHLOT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of the present petition under Sec. 482 Cr.P.C., the petitioner has challenged the order dtd. 4/5/2023 passed by the learned Additional District Magistrate (City), Bikaner (hereinafter referred to as 'the trial court'), whereby the complaint under Sec. 145 Cr.P.C. filed by the Station House Officer, Naya Shahar, Bikaner (hereinafter referred to as 'SHO') has been allowed and SHO has been appointed as Receiver and the property in question - Godown has been given in possession to him.

(2.) Mr. Jain, learned Senior Advocate submitted that the petitioner is having peaceful possession of the godown, which he purchased at the strength of an agreement to sell dtd. 24/7/2012. He submitted that it appears that the respondent no.2 thereafter got a sale-deed executed in his favour on 12/3/2013 by mostly the same persons (some of the legal heirs of Bhanwar Khan) and have claimed their title and ownership over the property.

(3.) Learned counsel submitted that the possession of the godown in question was handed over by the original owner to the petitioner in the year 2012 and though the sale-deed has been executed in favour of the respondent no.2, but since the possession was lying with the present petitioner, de-facto possession was not transferred.