RAJNIKANT AGRAWAL Vs. GOPALI DENI MEENA

JUDGEMENT

(1.) This revision petition has been filed by the petitioner Rajnikanth Agrawal, against the order dated January 21, 2009 passed by Addl. Sessions Judge Fast track No. 1 Jaipur City Jaipur in Criminal Revision No. 19 of 2009 whereby he allowed the revision petition filed by the respondents 1 and 2 against the order dated December 12, 2008 of Addl. District Magistrate Jaipur City (South) Jaipur in case No. 5 of 2008 under Section 145 Cr.P.C.

(2.) Brief facts of the case are that on October 21, 2008, the petitioner lodged an FIR at Police Station Jawahar Circle Jaipur, which was registered as FIR No. 115 of 2008 against the non-petitioners 1 and 2. The SHO Police Station Jawahar Circle sought information from the Jaipur Development Authority regarding title of the plots in question for which FIR was filed. The Dy. Commissioner of Zone IV in the JDA vide his letter dated November 7, 2008 informed that the plots No. 80, 81 and 82 are in the names of Shri Dharmendra Gupta, Vikas Khetan and Sanjay Agrawal. Brother of non-petitioner No. 2,Badri Prasad, was an MLA and therefore under his influence the non-petitioners land 2 tried to encroach upon the plots of the petitioner and they damaged the boundary wall of the plots. The non-petitioners 1 and 2 are running a School nearby the plots of the petitioner and they tried to assault the petitioner on November 12, 2008. The matter was reported to the SHO Police Station Jawahar Circle. Thereafter the SHO PS Jawahar Circle filed a complaint under Section 145 Cr.P.C. On December 15, 2008 and reported the matter to the ADM If Jaipur City, Jaipur stating therein that party No. 1 i.e. the petitioner lodged FIR No. 115 of 2008 under Section 448 IPC on October 21, 2008 stating therein that they are the plot owners of plots No. 80, 81 and 82. When the petitioner went to their plots, he came to know that Sri Badri Prasad Meena, non- petitioner No. 2 and his wife Gopali Devi Meena non-petitioner No. 1 have written the names of their School on the boundary wall of the plots of the petitioner. When the petitioner tried to stop them from writing the name of the school on the boundary wall, the threatened to murder the petitioner. It was reported that Shri Badri Prasad Meena and Smt. Gopali Devi Meena have damaged the boundary wall of these plots and hence, there is a strong apprehension of breach of peace, therefore proceedings under section 145 Cr.P.C. be initiated and a Receiver be appointed on the plots in question. Since there was a strong apprehension of breach of peace and on the basis of the complaint filed by the SHO, the ADM passed an order on December 16, 2008 under Section 145 Cr.P.C. and the plots in question have been attached and the Tehsildar Sanganer was appointed as Receiver on the plots No. 80, 81 and 82. Since again there was a strong apprehension that the Non-petitioners 1 and 2 will again encroach upon the plots, the petitioner prayed that fencing be done on the plots for the security of the plots. The SDM vide order dated December 31, 2008 allowed the petition filed by the petitioner and it was ordered that the Tehsildar Sanganer will do the fencing on the plots at the expenditure of the petitioner. Aggrieved against the order dated December 16, 2008, the non-petitioners 1 and 2 filed revision petition before the Sessions Judge Jaipur City Jaipur which was subsequently transferred to the Court of Addl. Sessions Judge Fast Track No. 1 Jaipur City, Jaipur. The Additional Sessions Judge vide order dated January 21, 2009 allowed the revision petition filed by the non-petitioners and quashed the order of the SDM dated December 16, 2008 appointing receiver. Aggrieved against the order of the Additional Sessions Judge, allowing the revision petition of the non-petitioner, the petitioner has filed the present revision petition.

(3.) Mr. S.S. Hasan, learned counsel for the petitioner submitted following submissions: