AMRIT LAL KUMAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- Heard learned counsel for the petitioners, the learned Public Prosecutor and learned counsel for non-petitioner No. 2.

(2.) In this petition, the question which arises for determination is, whether the learned Judicial Magistrate No. 2 (North), Udaipur was competent to pass orders under Section 451 of the Criminal Procedure Code in respect of immovable property which was in dispute between the parties. The facts so far as they are necessary for the disposal of this petition may briefly be stated as below :

(3.) During the investigation of the case, the investigating officer went to the disputed property and found that on the first floor of the temple of Murli Manoharji there was a room. Just below that room, there was a room on the ground floor. The two rooms were connected by stairs. There were two locks placed on the door of the room situated on the first floor. On enquiry, he came to know that one of the two locks had been placed by members of Kumawat community and the other lock had been placed by the Pujari. The lock which was reported to be placed by the Kumawat community was opened by Shri Leeladhar and the lock which was reported to have been placed by the Pujari was opened by Shri Prakash, in the presence of the investigating officer. Inside the room household items were found to be lying. After inspecting the site, the investigating officer prepared the site plan. Both the locks were again placed on the door of the room. But, in place of returning the keys to Prakash Chandra and Leeladhar, the keys of the locks were seized by the investigating officer.