POONAM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the non-petitioner No. 3.

(2.) This petition u/S. 482, Cr. P.C. is directed against the order dated 9th March, 1995 passed by the Additional District Magistrate (City), Bikaner in Criminal Case No. 26/95, whereby the Additional District Magistrate (City), Bikaner attached the disputed property under sub-section (1) of S. 146, Cr. P.C. on being satisfied that the case was up to emergency. The petition is also directed against the order dated 2nd December, 1995 passed by the Additional Sessions Judge, Bikaner in Criminal Revision Petition No. 20/93, whereby the revision petition was dismissed and the order dated 9th March, 1995 was passed by the Additional District Magistrate (City), Bikaner.

(3.) The learned counsel for the petitioner has submitted that in the instant case, the Additional District Magistrate had no jurisdiction to attach the property in dispute, because the matter was already pending in the Revenue Court and injunction had already been issued and there was no emergency so far as the possession of the land in dispute was concerned. He has, therefore, prayed that the orders passed by the Courts below be quashed and set aside.