RAJENDRA KUMAR BHATI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ON 18th Oct., 1985 the Addl. District Magistrate (City) Jaipur, passed an order under Section 145(1), Cr.PC. In the order it was observed that there was dispute between the parties with regard to possession over a godown in the inner chowk of a Haweli (Bhatrajaji Haweli) opposite to Hawamahal, Jaipur. The matter came up before the Court on a complaint by the SHO, Police Station, Manak Chowk, Jaipur. Both the parties had filed cross reports that there was dispute between the parties With regard to possession as party No. 1 alleged that he had been dispossessed by party No. 1 alleged that he had been dispossessed by party No. 2, who is the present petitioner. Both the parties were directed to submit claims in respect of their possession.

(2.) THE petitioner preferred a revision petition before the Addl. Sessions Judge, Jaipur City, Jaipur. But this was dismissed as not maintainable against an interim order. The petitioner has now preferred this petition under Section 482 Cr.PC.

(3.) THE learned Counsel for the petitioner has contended that the incident which has been made the basis of initiating the proceedings under Section 145 Cr.PC occurred on 17 -2 -85 and at that time the Additional Superintendent of Police reported that there was no apprehension of breach of peace and the proceedings were dropped. According to the learned Counsel, the same facts and reports cannot be made basis of subsequent the initiating proceedings under Section 145 Cr.PC when once the proceedings have been dropped and owns of the parties have approached the Higher Court, than or basis of same facts the learned Additional District Magistrate cannot take fresh proceedings. Had there been some other incident the matter would have been different. The same incident cannot be made basis for passing different orders again and again by the same authority. The proceedings taken by the Additional District Magistrate (City) Jaipur on 18 -10 -1985 deserve to be quashed. This petition is accepted and the proceedings under Section 145 Cr. PC initiated on 18 -10 -1985 are quashed. The record be returned.