DAYAL DAS & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforementioned petitions under section 482 Crimial P.C. have been directed against the order dated 17-5-91 passed by the learned Chief Judicial Magistrate, Nagaur, whereby he dismissed the applications filed by Dayal das and Atta Mohd. for handing over the possession of the disputed shop situated in Kajiyon Ka Chowk, Nagaur on 'Supardaginama on the ground that the investigation was in progress. These petitions are hereby disposed off by a common order.

(2.) A perusal of the record of the lower court indicates that the S.H.O., Police Station, Nagaur after completing the investigation in F.I.R. Case No. 60 of 91 has submitted the challan on 19-11-91 against petitioner Dayal Das for the offences under sections 457, 380 and 448 I.P.C. In such circumstances, the learned counsel for the parties submit that they will now file the application for 'Suparaginama' of the disputed shop before the trial Magistrate, who may be directed to dispose off their applications in accordance with law.

(3.) Since at the time of passing of the impugned order dated 17-5-91, investigation was in progress, the learned Magistrate did not have adequate material to decide as to which of the party was entitled for the possession of the disputed shop, he dismissed their application for handing over the possession of the disputed shop on 'Supurdaginama' and directed the police to keep the disputed shop in its possession. Now, since the challan has been filed, the parties may file their applications before the trial Magistrate, who will decide those applications for handing over the possession of the disputed shop on 'Supudaginama' in accordance with law.