JAGDISH PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred this revision petition aggrieved by order dtd. 8/1/2010 passed by Additional Sessions Judge No.1, Jodhpur, whereby, the Court below has allowed the revision petition filed by the respondent Nos.2 to 7 and has discharged the respondent from offence under Sec. 456 of I.P.C.

(2.) It is contended by counsel for the petitioner that the Court below while passing the impugned order has discharged the respondent solely on the ground that a suit for partition was pending between parties prior to the date of the alleged offence.

(3.) It is contended that suit for partition was filed by the respondent No.4. It was nowhere mentioned in the suit for partition that respondent No.4 is in possession of the disputed room. The suit was filed for the partition of entire property but specific possession of the disputed property was not mentioned.