ARVIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE revision petition No. 456 of 1984 is directed against the orders dated November 22, 1984 and November 23, 1984 in Criminal Case No. 940/84-State of Rajasthan v. Mahendrasingh & others under Ss. 145 and 146, Cr. P. C. By order dated November 22, 1984 the preliminary order was drawn up and notices were ordered to be issued to Shri Mahendrasingh (respondent No. 2), Rajmata Smt. Sushila Kumari (respondent No. 3), and Arvindsingh, the present petitioner (in S. B. Criminal Revision Petition No. 456 of 984 ). THE preliminary order was drawn up in respect of all the Properties left by Mahara-na Bhagwatsinghji viz. Shambhu Niwas Palace, Fateh Prakash Palace, Darbar Hall and Shiv Niwas Palace. By order dated November 23, 1984, the Station House Officer, Ghantaghar, Udaipur was appointed receiver in respect of the ground-floor of Shivniwas Mahal after it was ordered to be attached. Proceedings under Sec. 145, Cr. P. C. were initiated on the report of the Station House Officer, Ghantaghar, Udaipur.

(2.) BY order dated January 7, 1985, Fateh Prakash Palace and Shivniwas Palace including the Darbar Hall were ordered to be attached. Against that order, of attachment, the revision petitions No. 14 and 15 of 1985 have been filed.

(3.) I find force in the above submissions of the learned counsel for the petitioners. Right, title and interest have to be finally adjudicated upon by the Civil Court and such an adjudication would be binding on the parties and the Civil Court is equally competent to pass an interim order in connection with the protection for alleged right, title and interest of the parties and also in connection with the protection of the properties in question. If by any interim order passed by the Civil Court, any party feels aggrieved then a regular remedy is available to the party in law and the parties should not be allowed to invoke the criminal jurisdiction,