M.A.A. Khan, J. - (1.) Heard learned counsel for the parties and perused the record of the lower court as also the impugned orders.
(2.) This petition under Section 482 Cr.P.C. is directed against the judgment' dated February 2, 1991 whereby the learned Sessions Judge, Jaipur District, Jaipur confirmed the order dated 9.11.1990 passed by Sub-Divisional Magistrate Sambhar in Case No. 6/1990 State v. Ramchandra and others under Section 145 Cr.P.C.
(3.) Briefly stated the facts of the case are : One Bheru was the original tenant of agricultural land which is the subject matter of the present litigation. Bheru died about 70 years back, leaving behind him Chhitar his son and Smt. Barji, his widow as his legal heirs. It is an undisputed position that Smt. Barji remarried with one Ladu who is said to be the father of respondent No. 2, Ramu. The present petitioners are the sons of Shri Chhitar who died some 10 or 12 years back, after leaving behind him the 3 petitioners and one Kalyan deceased as his legal heirs. Smt. Birji gave birth to Ramu respondent No. 2 and three daughters allegedly from Ladu. It appears that the agricultural land bearing Khasra No. 25 to 28,29 to 32, 309 to 313 and 32/144 admeasuring 33 bighas 9 biswas situated at village Maleda, Tehsil Dudu, Jaipur became the bone of contention between the petitioner on one hand and Ramu non-petitioner and his sons respondent No. 3 to 6 on the other. The dispute took the parties to the Revenue as well' as Criminal Courts. Again, it is an admitted position that on 26th April, 1989, the respondent No. 2, Ramu filed a suit for declaration of partition and permanent injunction in respect of the land in dispute in the court of Assistant Collector, Dudu against the petitioner, their brother Late Shri Kalyan and Tehsildar, Dudu. During the pendency of the said case, the respondents further appears to have obtained an exparte ad-interim injunction and also to have moved for appointing a receiver of the property in dispute.;