LAWS(RAJ)-2017-1-37

JHANWAR LAL Vs. STATE OF RAJASTHAN

Decided On January 27, 2017
Jhanwar Lal Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) The defect pointed out by the Registry of filing type copy of the order dated 26.12.2014 is waived.

(2.) This criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioner being aggrieved with the order dated 07.09.2015 passed by the Additional District Judge No.1, Bikaner (hereinafter referred to as 'the revisional court'), whereby the Criminal Revision Petition No.1/2015 filed by the petitioner has been dismissed. The petitioner has filed the said revision petition being aggrieved with the order dated 26.12014 passed by the Additional District Magistrate City, Bikaner (hereinafter referred to as 'the trial court'), whereby the trial court, in the proceedings under Sections 145 and 146 Cr.P.C., has ordered for attaching the property in question and appointed SHO, Police Station, Kotwali, District Bikaner as receiver.

(3.) Learned counsel for the petitioner has argued that as a matter of fact the trial court, without ascertaining any danger for the peace and without ascertaining emergency situation, has passed the order for attaching the property in question in a very casual manner. It is also argued that the revisional court has also not taken into consideration this aspect of the matter and erred in confronting the order passed by the trial court.