SHIVDAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE present criminal misc. petition has been filed by the petitioners for quashing the proceedings initiated by a learned Executive Magistrate under Section 145 Cr.P.C.

(2.) BRIEF facts borne out from the perusal of record which are necessary for just decision of the present case are that the petitioners alleged themselves to be in exclusive possession of House No. 355 in ward No. l, Kundpara, Jaisalmer alleging themselves to be the owners. It is alleged that petitioners No. l let out this house on 3.3.92 to Sub -Divisional Officer (Sheep and Wool), C.A.D., Indira Gandhi Canal Project, Jaisalmer and a rent deed was also executed by the said officer. The house in question was given on rent for a period of two years which expired on 3.3.95. It is evident from Anx. 2 as well as Anx. 3 that after expiry of period of tenancy i.e. on 3.3.95, the house in question is in possession of the petitioners.

(3.) IT is further evident from perusal of Anx.2 that when the attempt of the respondents No. 2 and 3 to enter in possession of the house in question resulted into fiasco, they gave a written report to S.H.O., Kotwali, Jaisalmer, who after making an inquiry and also after recording statements of Anil Acharya, Prahlad Kumar and Smt. Karuna, reported the matter to the Executive Magistrate stating therein that the petitioners and respondents are at daggers -drawn and there is serious apprehension of breach of peace between the parties with regard to ownership of the house in question, therefore, according to him in order to arrest the apprehension of breach of peace, the proceedings under Section 145 Cr.P.C. may be initiated.