Vijay Bishnoi, J. - (1.) THIS criminal misc. petition under Section 482 Cr.P.C. has been filed by the petitioners against the order dated 5.5.2012 passed by learned Additional Sessions Judge, Nimbahera (hereinafter referred to as 'the revisional court') in Criminal Revision Petition No. 32/2007 whereby the revisional court has dismissed the revision petition filed by the petitioner against the order dated 25.4.2007 passed by learned Sub -Divisional Magistrate, Nimbahera (hereinafter referred to as 'the Executive Magistrate') in proceedings under Section 145 Cr.P.C.
(2.) BRIEF facts of the case are that on the basis of complaint filed by the petitioners, the proceedings under Section 145 Cr.P.C. were initiated by the Executive Magistrate. The dispute between the rival parties was in relation to 3 temples situated at Hoda Magra, Village Sarlai, Tehsil Bhadesar, District Chittorgarh. The petitioners have complained that the respondents No. 2 and 3 are creating hurdles in maintaining the said temples and are also forcibly taking away the offerings of the said temples donated by the public at large. It is noticed that the S.H.O., Police Station, Bhadesar also filed a complaint under Section 145 Cr.P.C. before the Executive Magistrate on 24.7.2004. The Executive Magistrate has recorded the statements of the petitioners Khem Giri and Bheru Singh and one another person Shiv Giri on 28.7.2004 and 29.7.2004 respectively and also recorded the statements of respondents No. 2 and 3 on 29.7.2004 and 31.7.2004 respectively. Vide order dated 4.8.2004, the Executive Magistrate while exercising powers under Sub -Section (1) of Section 145 Cr.P.C. attached the temple premises and while exercising powers under Section 146 Cr.P.C., has appointed the Tehsildar, Bhadesar as Receiver.
(3.) THE order passed by the Executive Magistrate under Sub -Section (1) of Section 145 and Section 146 Cr.P.C. on 4.8.2004 was challenged by the respondents No. 2 and 3 by way of a revision petition before the revisional court. The revisional court vide order dated 17.3.2006 dismissed the said revision petition while affirming the order dated 14.8.2004 passed by the Executive Magistrate and directed the parties to produce their evidence before the Executive Magistrate in the pending proceedings under Section 145 Cr.P.C. The Executive Magistrate vide order dated 25.4.2007 has finally decided the proceedings under Section 145 Cr.P.C. while observing that looking to the fact that civil litigation between the parties is pending, the proceedings under Section 145 Cr.P.C. cannot be continued. The Executive Magistrate has also observed that civil litigation between the parties pending in the civil court is in relation to injunction only and not in relation to possession, declaration or title. He further observed that the court has to see that on the date of incident, who was in possession of the property in question and as per the site inspection and after hearing both the parties, it is proved that the respondents No. 2 and 3 were in possession of the disputed property on the day, when the court passed the order of attachment of the property and appointment of Receiver. After observing this, the Executive Magistrate has directed the Receiver to handover the possession of the disputed property to the respondents No. 2 and 3.;