AMAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision under Sec. 397/401 of the Code of Criminal Procedure, 1973 (for short, 'the Code' hereinafter), the petitioner has challenged the order dated 20.10.2005 passed by the Special Judge, SC/ST. (Prevention of Atrocities) Cases, Merta (for short, 'the trial court' hereinafter) in Criminal Misc. Case No. 31/2005, whereby the trial Court dismissed the application filed by the petitioner on the ground that the petitioner has not filed the partition deed showing that the accused had only ⅛ share in the property ordered to be attached under attachment order.

(2.) Succinctly stated, the facts of the case are that accused Kishan Lai, who is the son of the petitioner, has been declared absconder in Criminal Case No. 41/2004, State of Rajasthan Vs. Babu Lai & Ors. , and consequently proceedings under Sections 82 and 83 of the Code have been initiated against accused Kishan Kumar declaring the accused as absconder and issuing warrant of attachment of the property of accused Kishan Kumar. Since, the attachment order has been issued in respect of Khasra No. 268 which is a joint property of the petitioner and his brothers and the petitioner is also having other sons and daughters, therefore, he moved an application for recalling the attachment order, which has been dismissed vide impugned order.

(3.) I have heard learned Counsel for the petitioner and perused the order impugned.