MAHIPAL SINGH Vs. STATE OF RAJASTHAN & ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) In the present revision petition, the petitioner is challenging the order dated 16.8.2005 passed by the learned Sessions Judge, Balotra in Criminal Revision No. 17/2005 whereby the learned Sessions Judge set aside the order dated 15.6.2005 passed by S.D.M., Balotra in Case No. 308/2005 under Sec. 116(1) of the Code of Criminal Procedure for attachment of the disputed shops.

(3.) According to the facts, a complaint was filed by petitioner in the Court of S.D.M., Balotra under Sec. 145/146 Crimial P.C. stating therein, inter alia, that four shops of joint ownership of the family of petitioner and private non-petitioners No. 3 to 5 are situated in ward No. 14, Balotra and the said private non-petitioners are forcefully trying to occupy the shops occasioning the apprehension of breach of peace. The aforesaid complaint was forwarded to the S.H.O., Balotra for investigation and, after investigation, the S.H.O., Balotra made a report that there are number of criminal cases pending in between the parties and the disputed shops are lying closed. It was also reported that there is likelihood of breach of peace. The S.H.O. also prepared as site-plan memo of the disputed shops and opined that there are potent chances of fight and quarrel among the parties and tension is brewed up. Concluding his report, the S.H.O. prayed that the shops may be attached and receiver may be appointed. Consequent upon the aforesaid report made by the S.H.O., the S.D.M., Balotra, while passing a preliminary order under Sec. 145(1), Crimial P.C., made a composite order for attachment of the disputed property under Sec. 146(1), Crimial P.C.