HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
Click here to view full judgement.
(1.)This revision petition has been filed by Johri and Moolya against the order of learned Sessions Judge. Sawai Madhopur, dated 5-4-1978, whereby he passed the following order : I, therefore, partly accept the revision petition and while maintaining the preliminary order passed by the learned Additional District Magistrate, Sawaimadhopur, on 28-2-1978, set aside the order of attachment of the land in dispute. However, I think it proper to send the case to the District Magistrate, Sawaimadhopur with a direction to consider the question of emergency after hearing both the parties and looking into all such material as may be produced before him and then to pass appropriate orders with reasons in accordance with law. However, in order to avoid any possibility of any untoward happening pertaining to the law and order situation I further direct that the attachment of the land in dispute and the arrangement made, if any, for the custody and management thereof shall remain in operation until the question as to existence or non-existence of the emergency is decided by the District Magistrate, Sawaimadhopur, after hearing the parties. In case the learned District Magistrate decides not to attach the disputed property, the orders of this court regarding continuance of attachment as a temporary measure shall stand vacated. The record of the case be sent to the learned District Magistrate, Sawaimadhopur, immediately. The parties are directed to appear in the Court of District Magistrate, Sawaimadhopur on 6th April, 1978.
(2.)Without mentioning the facts of this case in detail, it is suffice to mention that a case under Section 145 Cr.P.C. was pending in the court of Addl. District Magistrate, Sawaimadhopur, on 28-2-1978. After having the record of the Tehsildar and Executing Magistrate, Gangapur City and the S.H.O. Gangapur City, learned Addl. Distt. Magistrate, found that there is an apprehension of breach of peace between the parties, and he found in the interest of justice to proceed under Section 145 Cr.P.C. A notice was issued for this, under Section 145 Cr.P.C. on 28-2-1978. On the same day while feeling emergency as mentioned under Section 146(1) Cr.P.C., learned Addl. Distt. Magistrate, passed an order attaching the disputed land along with the crop standing thereon and under Section 146(1) Cr.P.C. passed an order appointing Tehsildar, Gangapur City as Receiver of this crop. Against this order, Kirori and others preferred a revision petition before learned Sessions Judge, Sawaimadhopur and learned Sessions Judge vide his order dated 5-4-1978, disposed the revision petition and remanded the case to the learned District Magistrate, Sawaimadhopur for disposal. The direction given by learned Sessions Judge in the order has been mentioned above. Against the order of learned Sessions Judge the present revision petition has been preferred on behalf of Johari and Mulliya.
(3.)Learned counsel for the petitioner has argued that there are only two legal points involved in this revision petition which needs decision by this Court so that there would be guidance to subordinate courts in such matters. The first point is whether a revision lies before the Sessions Court under Section 397 Cr.P.C. with regard to an order passed under subsection (1) of Section 146 Cr.P.C., specially when the property has been attached in a case finding one of emergency. The second point which needs decision according to learned counsel for the petitioner is whether the Sessions Judge while hearing revision petition against the order under sub-sec.(1) of Section 146 Cr.P.C. has jurisdiction to decide the question of possession of any party within two months prior to the passing of preliminary order under Section 145 Cr.P.C.
Copyright © Regent Computronics Pvt.Ltd.