REWAD Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) REWAD and Kalu are having litigation for allotment of agricultural land. This suit is pending before the ACM No. 1, Jaipur where application for appointment of receiver is also pending. In the civil court an injunction has already been issued in favour of Kalu and others restraining Rewad and others from disturbing possession of this land.

(2.) AFTER hearing learned Counsel for the parties I am of the opinion that when Kalu has got injunction in his favour from a regular revenue court, the proceedings under Section 145 Cr. P.C. launched thereafter are mis -conceived. If Rewad and others committed breach of injunction they can be punished for contempt of court.

(3.) IN these circumstances since Kalu apprehension is that Rewad and a others by their muscle strength would like to have blood shed and break bones of Rewad and others, the appropriate proceedings can be under Section 107 Cr. P.C. read with Section 116 Cr. P.C.