MANAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a revision application from an order of the Sessions Judge, Ganganagar dated 28-11-1967 rejecting the petitioner's prayer under sec. 89, Cr. P. C. for restoration of the agricultural land sold in connection with the proceedings under sec. 87 and 88, Cr. P. C. against the petitioner.

(2.) THE petitioner Manak was prosecuted for an offence under sec, 420, I. P. C. and since the warrant issued against him could not be executed and there was allegation against him that he had absconded or was concealing himself with a view to evade the service of the warrant, the Magistrate issued a written proclamation on 14-10-1965 requiring the petitioner to appear before the Court on 19-10-1965, which was published on 20-11-1965 and by this proclamation the accused was called upon to appear within 30 days from 19-10-1965. Accused Manak, however, did not appear within the time fixed for his appearance in the proclamation and consequently certain agricultural land belonging to him was attached on 24-1-1966 and ultimately sold through the Tehsildar, Suratgarh on 3-10-1966 for a sum of Rs. 24,000/ -. Here it may be stated, that the land in question had been mortgaged by the petitioner to one Bagdawat, who preferred an objection to the attachment of the property but his objection was disallowed on 21-2-1966, and it was directed that he may retain the possession of the land as a receiver till it is sold and may be paid the mortgage money out of the sale proceeds of the land. Aggrieved by the order of attachment and sale of the property Bagdawat came in revision right upto this Court but was unsuccessful and as already observed above the Tehsildar auctioned the land and accepted the bid of the non-petitioners Sohanlal and Thakur for Rs. 24,000/ -.