RAM PRATAP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Petition filed under Section 482 Cr. P.C. has been directed against the order dt. 3.2.97 passed by the learned Addl. Sessions Judge No. 2 Hanumangarh Town, whereby he dismissed the revision petition filed by the petitioners on the ground the order dt. 25.8.84 of the learned SDM Hanumangarh under Section 146(1) Cr. P.C. by which a receiver was appointed on the subject matter of dispute was an interlocutory order and as such the revision petition was not maintainable.

(2.) THE brief facts are that on the complaint filed by the police, the learned SDM passed a preliminary order under Section 145(1) Cr. P.C. in respect of the disputed agricultural land measuring 25 bighas, described in the impugned order and directed the parties concerned to put in written statement of their respective claims as respects the fact of actual possession on the said land. Learned Magistrate also considered the case to be one of emergency under Section 146(1) Cr. P.C., attached the disputed land and appointed the SHO, PS: Hanumangarh as receiver thereon.

(3.) I have heard the learned Counsel for the parties and the learned Public Prosecutor and carefully perused the relevant record.