SIYARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is one of those typical cases where glaring facts have come to light showing how there can be gross abuse of court warraning interference under Section 482, Cr.PC. The short dispute relates to Khasra No. 173 measuring 7 bighas and 3 biswas. The accused petitioners are being prosecuted for the offences under Section 447, 147, 427, IPC committing trespass and taking away the crop cultivated in this land.

(2.) IT is not necessary to mention the facts in detail because the crux of the controversy is that on 9 -10 -1980 the complainant Kalyan filed this complaint that the accused persons Siya Ram and others have committed trespass in his field.

(3.) THE injunction order Ex. A -5 which is on the record of this Court and was also filed in the lower court clearly mentions that in Khasra No. 173 according to revenue record and other evidence produced it is clear that the cultivation and possession prima facie is of Ganesh and others, who represented the present accused Siya Ram and others. The Additional Munsif cum Judicial Magistrate No. 2, Jaipur District Jaipur, Shri Pramod Upadhyaya by this order directed that the possession and so also the cultivation of the applicant i.e. Ganesh and others who represented Siya Ram and others should not be disturbed by any type of trespass or interference by the non -petitioners defendant in that case, Gangliya father of Kalyan and others. I enquired from Mr. Bajpai whether this order dated 5 -9 -1980 passed in Civil Suit No. 45 of 1980 Ganesh v. Gangaliya holds good till today or it was set aside either by way of application for setting aside an exparte order or by appeal or revision in any form what so ever. Mr. Bajpai frankly and candidly conceded that this order holds the field even today.