LAWS(RAJ)-2017-1-75

SMT. SURTANI W/O LATE SHRI SATAR KHAN, B/C MUSALMAN, R/O SANGRAM KI DHANI, RIVDI, TEHSIL FATEHGARH, DISTRICT JAISALMER, RAJASTHAN Vs. THE STATE OF RAJASTHAN

Decided On January 05, 2017
Smt. Surtani W/O Late Shri Satar Khan, B/C Musalman, R/O Sangram Ki Dhani, Rivdi, Tehsil Fatehgarh, District Jaisalmer, Rajasthan Appellant
V/S
The State Of Rajasthan Respondents

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed on behalf of the petitioner being aggrieved with the order dated 7.10.2015 passed by the Sessions Judge, Jaisalmer (hereinafter referred to as the revisional court), whereby the Criminal Revision Petition No.28/2015 filed by the petitioner has been dismissed.

(2.) The petitioner has filed the above mentioned revision petition being aggrieved with the order dated 19.8.2015 passed by the Sub Divisional Magistrate, Jaisalmer (hereinafter referred to as the trial court) in Complaint Case No.371/2015 in proceedings under Sec. 145 Crimial P.C. initiated on an application preferred by the SHO, Police Station Sam, District Jaisalmer.

(3.) Brief facts of the case are that the grand son of the petitioner has filed a complaint at the Police Station Sam, District Jaisalmer on 26.7.2015 alleging that the piece of land situated in Murabba No.207/54 was allotted in the name of the petitioner in the year 2008 and they are cultivating the said land. It is alleged in the complaint that on 25.7.2015, the respondent Ibrahim Khan and others had entered into the said agricultural land and forcibly cultivated the same. Thereafter on 28.7.2015, respondent Ibrahim Khan has filed a complaint at Police Station Sam, District Jaisalmer alleging that he is in the possession of the piece of land situated in Murraba No.207/54, which was earlier allotted in the name of the petitioner and later on the same was cancelled. It is further alleged in the complaint that when he was cultivated the said land on 24.7.2015, the son and other members of the petitioner family had forcibly entered into the said land.