BHAG CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition under Section 482, Cr. PC has been preferred against the order 3rd May, 1988, by which, the Judicial Magistrate, Bansur, directed to sell the crop, which was with the petitioner on 'Superdginama', and further directed to deposit the sale -proceeds of the crop in the court.

(2.) FOR the disposal of this petition, it is necessary to mention here the brief facts of this case. A civil dispute between the parties is pending with regard to Khasra Nos. 222 and 222/1107, situated in Village - -Harsora, A complaint was lodged under Section 145 Cr. PC by the SHO, PS - -Bansur, on 27th Sept., 1985, before the SDM, Behror with the prayer that there was likelihood of breach of peace between the parties with regard to possession over the aforesaid Khasras and therefore the said land be attached. The learned SDM, vide his order dated 28th Dec. 1985, directed the Tehsildar - -Bansur, to attach the aforesaid Khasras and Khasra No. 222/1106. Aggrieved by this order, a revision petition was filed before the Add. Sessions Judge No. 2, Alwar, who, vide his order dated 1st Feb., '86, partly allowed the said revision, and the appointment of Receiver with regard to Khasra No. 222 was maintained; and Khasra Nos. 222/1106 and 222/1107, were ordered to be released from attachment. Birbal against this order filed a revision before this Court, which was Civil Revision Petition No. 59/86 and was decided on 20th March, 86, where by, it was dismissed, Consequently, the SDM, Behror directed the Tehsildar - -Bansur, vide his order dated 29th March,86, to release from attachment Khasra Nos. 222/2106 and 222/1107. Thereafter, the present petitioner filed Misc. Criminal Petition No. 91/87 in this Court against the order dated 1st Feb., 1986 passed by the Addl. Sessions Judge No. 2,Awar which was accepted by this Court on 21st Nov. '86, where in it was ordered by this Court that unless the suit pending between the parties was decreed, non -petitioner Ramswaroop and Birbal could not claim possession. The SDM Behror, on 4th August, 1987 directed the Tehsildar -Bansur to release the aforesaid Khasras of and from attachment and hand over their possession to petitioner Bhagchand. Thus the petitioner received the possession of the land bearing Khasra Nos. 222, 222/1106 and 222/1107, and should his crop of wheat of Khasra Nos. 222 and 222/1107. When the crop riped up, the non -petitioners, Ramswaroop and Birbal, came to the field and started harvesting it. The nephew of the petitioner. Matadeen, lodged a report at PS - -Bansur, to this effect, and the SHO, PS - -Bansur, started investigation and seized the harvested crop from the possession of non -petitioners Nos. 2 and 3. After the seizure, the, petitioner filed an application before the Judicial Magistrate, Bansur, for giving him the said crop on 'Supardginama'. The learned Magistrate on 12th April, 88 passed order forgiving the said crop on 'Supardgi -natna' to the petitioner. In compliance of that order, the crop was handed over to the petitioner by the Tehsildar, Bansur, on 12th April, 1988. Thereafter, the learned Magistrate, Bansur, again considered the question of Supurdgi of the said crop, and he, vide the impugned order, ordered on 3rd May, 1988 that the crop be taken back from the petitioner and it be sold in the market and the sale proceeds be deposited in the court. This order has been challenged in this miscellaneous petition.

(3.) IN the case of Sarkar v. MRT and Special Maintenance and Ors. 1980 Cr.LJ 948, it was observed as under: