RAMSWAROOP, CHELA NARAYAN DAS MAHANT PUJARI Vs. STATE OF RAJASTHAN THROUGH GOVERNMENT ADVOCATE AND OTHERS

JUDGEMENT

(1.) Instant petition under Sec. 482, Cr.PC. has been filed against Order dated 20.4.2007 whereby Additional Sessions Judge Hindaun City fixed the case (Cr. Rev. No. 88/04) for final disposal while observing that record of Court of Assistant City Magistrate despite best efforts is not traceable.

(2.) Proceedings under Sections 145 and 146, Crimial P.C. were initiated on a complaint filed by S.H.O. P.S. Garamora -notice whereof was served upon respondents therein and after examining inter-se dispute in regard to the land in question, final Order was passed by learned Sub-Divisional Magistrate Hindaun on 19.8.2002-against which instant petitioner preferred revision petition pending it, application was filed that record of Court of A.C.M. Sapotra is necessary for dust decision in the matter and it appears that the Court at relevant time, considered proper to call for the record at the request of petitioner and since the record was not traceable. Court of revision directed both the parties to file their written arguments-against which petitioner filed Cr. Misc. Petition No. 718/05 wherein this Court vide Order dated 6.7.2005 disposed of the petition while observing that if application is filed by petitioner for summoning the record from A.C.M. Sapotra, the Court of revision shall consider such an application to summon relevant files and in absence whereof, liberty was granted to approach this Court. Hence this petition.

(3.) It appears from the record that under directions of this Court vide Order dated 6.7.2005 efforts were made by Court of revision to summon the record from the Court of A.C.M. Sapotra but despite series of correspondences made as observed, relevant record which the petitioner seeks to be examined by Court of revision, is not traceable and since matter was old one, Court of revision considered proper to call for the parties to file their written arguments, particularly when Order of A.C.M. is already available on record.