SALLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SALLA Ram, party No. 2 in proceedings under Section 145 Cr. PC has tiled this revision against the order of the learned Sessions Judge, Churu dated 7 -11 -83 by which he accepted the revision of Chunaram, party No. 1 in these proceedings and set -aside the order of the learned Sub -Divisional Officer, Churu dated 6 -9 -83 appointing the Thesildar as Receiver on the land in dispute.

(2.) I have heard the learned Counsel for the parties and the learned P.P. and have gone through the record.

(3.) THE contention of the learned Counsel for the petitioner is that there was material before the learned Magistrate to satisfy him about the emergent danger of breach of peace and when after taking into consideration that material and properly discussing it, the learned Magistrate was satisfied that there was ground for appointing the Receiver, the learned Sessions Judge could net have interfered with that order in exercise of his revisional jurisdiction. In this connection he placed reliance upon R.N. Bhutani v. Miss Mani J. Desai and Ors 1968 SC 1443 and State of Orissa v. Makuta Sahu and Ors 1919 SC 663.