SHYAM SUNDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the order dated the 10th August, 1985 of the Sessions Judge, Jodhpur, quashing the proceedings initiated by the Assistant Collector and Executive Magistrate, Jodhpur under Section 145 of the Code of Criminal Procedure and also setting aside the order of attachment passed by the said Magistrate on April 20, 1985.

(2.) THE dispute relates to the property known as Ashram in Shramik Pura, Jodhpur. Members of the Vishwakarma Samaj claim it to be the property of the Samaj and allege that Baba Bajarang Das was only a Pujari for the temple whereas Baba Bajrangdas claims the property in his own rights. The Vishwakarma Samaj calls the property as Chartravas.

(3.) AGGRIEVED by this, the party No. 1, i.e., Bajrangdas and others preferred a revision petition before the Sessions Judge, Jodhpur, who by his order dated the 10th August, 1983 quashed the proceedings initiated under Section 145 Cr.P.C. and also set aside the order of attachment. The learned Sessions Judge came to the conclusion that the proceedings initiated by the Magistrate under Section 145 Cr.P.C. were uncalled for and invalid, and consequently the order of attachment passed under Section 146 Cr.P.C. was illegal and not justified. The learned Sessions Judge further directed that the possession of the property be handed over by the police to Baba Bajrangdas who was in possession of the same on April 3, 1983 and had given the keys to Baba Garibdas. Against this, the party No. 2, i.e., Shyara Sunder and others have come in revision to this Court.