KANA RAM Vs. STATE OF RAJASTHAN & OTHERS

JUDGEMENT

(1.) On July 10, 1990, SHO Police Station Renwal, District Jaipur (Rural) submitted a report to the Sub-Divisional Magistrate Sambhar, Dist. Jaipur to the effect that a dispute likely to cause breach of peace had arisen between the parties hereto with regard to the possession of agricultural land comprising Khasra No. 46 admeasuring 29 Bighas 16 Biswas situate at village Kanwarpura. Having felt satisfied with the truth in the police report the learned Executive Magistrate initiated proceedings under Sec. 145(1) Cr.PC and passed preliminary order dated 10.7.90 requiring the parties concerned in such dispute to attend his court and put in written statements of their respective claims in respect of the fact of actual possession of the subject of dispute.

(2.) On July 24, 1991, on the basis of an affidavit filed by SHO, Police Station. Renwal on 17.7.1991. The learned Magistrate considered the case to be one of emergency and hence attached the subject of dispute under Sec. 146(1) Cr.PC and appointed the Tehsildar, Phulera, District Jaipur as receiver thereof.

(3.) Kana Ram petitioner unsuccessfully challenged the order of the learned Executive Magistrate by way of a revision petition under Sec. 397 Cr.PC. to the learned Sessions Judge, Jaipur District, Jaipur. Hence this petition under Sec. 482 Cr.PC. before this Court.