B.R. Arora, J. - (1.) THIS miscellaneous petition is directed against the order dated April 6, 1989, passed by the Additional District Magistrate (City), Jodhpur, by which the learned Additional District Magistrate (City), Jodhpur, rejected the application Under Section 145 Cr. P.C. filed by the petitioners.
(2.) ABDUL Majid, on November 29, 1974, filed an application Under Section 145 Cr. P.C. in the Court of the Additional District Magistrate (City), Jodhpur, to re -open the case which was decided by him on March 26, 1977. The notice of this application was issued to the opposite party, who contested the application and the learned Magistrate, after hearing the parties, came to the conclusion that if the party has any grievance with the order dated March 26, 1977, then they should have approach the Appellate/Revisional Court to seek redress, but the order passed by the Court earlier cannot be re -opened. It is against this order that the present petition Under Section 482 Cr. P.C. has been filed. Jagdish Singh filed a complaint Under Section 145 Cr. P.C. in the Court of the Additional District Magistrate (City), Jodhpur, against Abdul Majid with respect to a building situated at Ratanada Circle behind Puri Petrol Pump and alleged therein that there is an apprehension of breach of peace with regard to the possession of this premises between him and the respondent Abdul Majid and it was therefore, prayed that the proceedings Under Section 145 Cr. P.C. may be initiated and the property may be attached and after enquiry, the possession of the applicant over this premises may be declared. This application was contested by Abdul Majid. The learned Magistrate drew the preliminary order on May 3, 1976, and issued notice to the parties. The learned Magistrate, after giving an opportunity of hearing to both the parties, by his order dated March 26, 1977, attached the property and appointed the Incharge of the Police Out Post, Ratanada, Jodhpur, as the Receiver of the property and dropped the proceedings Under Section 145 Cr. P.C. Against this order, the petitioner preferred a revision petition before the learned Additional Sessions Judge No. 1, Jodhpur, who, by his order dated December 1, 1978, dismissed the revision petition filed by the petitioner. Against this order, no revision or the petition Under Section 482 Cr. P.C. was filed by the petitioner and that order has become final and after a lapse of about four years, the present application for re -opening the matter has been filed.
(3.) I have perused the order passed by the learned lower Court and the record of the case.;