CHATRA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) It is evident from perusal of the facts of this case that on the basis of order passed under Sec. 146(1) Cr. P.C. by the learned Magistrate on 3-6-95 the property in dispute was attached on the ground of emergency after passing preliminary order under Sec. 145(1) Cr. P.C. The learned Magistrate was satisfied about apprehension of breach of peace, therefore, he proposed to proceed under Sec. 145(1) Cr. P.C. 1-A. After service of notice upon respondents No. 2 to 11 it was brought to the notice of learned Executive Magistrate that a regular suit No. 17/94 is pending before a competent revenue Court between the parties and in that regular suit the revenue Court has granted temporary injunction in favour of the petitioners on 23-9-94. Irrespective of aforesaid facts brought to the notice of the learned Magistrate by way of raising preliminary objection he refused to drop the proceeding under Secs. 145(1) and 146(1) of Cr. P.C. and rejected their preliminary objection on 14-7-95.

(2.) Aggrieved against the impugned order passed by learned Executive Magistrate on 3-6-95 and 14-7-95, the answering respondents Nos. 2 to 11 filed a revision before the learned Sessions Judge, Sirohi who after hearing both the parties set aside the orders passed by learned Magistrate on 3-6-95 as well as order dated 14-7-95 vide his order dated 23-1-1996.

(3.) Aggrieved against the order passed by the learned Sessions Judge, Sirohi on 23-1-1996 the present petition under Sec. 482 Cr. P.C. has been preferred before this Court.