ROSHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Cr. Misc. petition under S. 482, Cr. P.C. has been filed by the above-named petitioner in this Court for quashing the order dated 20th July, 1995 passed by the learned Addl. District and Sessions Judge, Rajgarh, Camp Laxmangarh, District Alwar, by which the revisional Court has stayed the order of the learned Executive Magistrate, Kathumer passed under S. 145, Cr. P.C. directing the attachment of the property in question.

(2.) The facts giving rise to the filing of this Misc. Petition u/S. 482, Cr. P.C. briefly stated, are that a complaint was lodged by the petitioners under S. 145, Cr. P.C. before the learned Executive Magistrate, Kathumar, regarding Khasra No. 1664 Rakba 2 Bigha 4 Biswa Khasra No. 1700 Rakba 1 Bigha 5 Biswa, Khasra No. 1702 Rakba 3 Bigha 6 Biswa and Khasra No. 1703 Rakba 2 Bigha 6 Biswa situated in village Samuchi and that the petitioners are in peaceful possession of the land and is also cultivating the same. Respondent No. 2 and his family members wanted to get forcible possession of the land from the petitioners and it is under these circumstances that a complaint was made by the petitioners before the learned Executive Magistrate, Kathumar praying that respondent No. 2 be restrained from depriving the petitioners of their lawful possession. The learned Executive Magistrate called for the report from the local police and the concerned SHO submitted the report to the Executive Magistrate. On the basis of the report, the learned Executive Magistrate appointed Addl. Tehsildar, Kathumar, as receiver of the said land on 18-7-1995.

(3.) That being aggrieved by the order of the learned Executive Magistrate, Respondent. No. 2 preferred a revision petition before the learned Addl. District and Sessions Judge, Rajgarh, who has stayed the order of the Executive Magistrate dated 18-7-1995 on 20-7-1995. Aggrieved by the said order, the petitioners have preferred this Misc. Petition under S. 482, Cr. P.C.