Vijay Bishnoi, J. - (1.) This Criminal Miscellaneous Petition under Section 482 Cr.P.C. has been filed by the petitioners being aggrieved with the Order dated 16.10.2014 passed by learned Additional Sessions Judge, Parbatsar, District-Nagaur (hereinafter referred to as 'the Revisional Court') in Revision Petition No. 8/2014 passed by the Sub-Divisional Magistrate, Prabatsar, District-Nagaur (hereinafter referred to as 'the Trial Court') in the proceeding under Sections 145 and 146 Cr.P.C. has been dismissed.
(2.) Brief facts of the case are that on 4.9.1978, a complaint under Section 145 Cr.P.C. was filed before the Executive Magistrate (Tehsildar, Banswara) by one Brijlal (father of Respondents Nos. 2 and 3). The Executive Magistrate, after taking into consideration the seriousness of law and order situation, passed the order of attachment of the plot in question and appointed Patwari of Village 3hakri as Receiver.
(3.) Later on, the petitioners filed a suit before the Civil Court, however, the Civil Court on 22.5.1998, dismissed the said suit and on the basis of the said judgment and decree passed by the Civil Court, the Executive Magistrate dropped the proceedings, under Section 145 Cr.P.C. vide Order dated 20.10.1999. However, the Respondents Nos. 2 and 3 along with their 3 sisters preferred a Revision Petition before the Additional District Judge, Parabatsar and the Revisional Court vide Order dated 19.2.2003 remanded the matter to the Executive Magistrate with direction to decide that which of the party is entitled to retain the possession of the disputed property as per the provisions of subsection (4) of Section 145 Cr.P.C. in the meantime, the Executive Magistrate had again dropped the proceedings. However, the Additional District Judge, Parabatsar while exercising its revisional Jurisdiction, again remanded the matter to the Executive Magistrate to decide afresh after taking into consideration the provisions of sub-section (4) of Section 145 Cr.P.C. The said Order dated 12.1.2006 passed by the Revisional Court was challenged by the petitioners before this Court by way of S.B. Criminal Miscellaneous Petition No. 351/2006, however, the same was dismissed as withdrawn with a direction to the Executive Magistrate to decide the matter in the light of directions given by the Revisional Court expeditiously within a period of four months from the date of receipt of said order. Pursuant to the said directions, the Executive Magistrate vide Order dated 6.1.2014 has decided the proceedings under Sections 145 and 146 Cr.P.C. and passed an order that the possession of the disputed property be handed over to the Respondents Nos. 2 and 3 because two months prior to passing of the attachment order, the said parties were in possession of the disputed land.;