R.R.YADAV, J. - (1.) INSTANT criminal misc. petition under Section 482 Cr.P.C. has been filed before this Court for quashing revisional order dated 9.11.95 and the order passed by learned Additional District Magistrate (City), Bikaner on 18.7.95 in Cr.Case No. 54/95 initiating proceedings under Section 145 Cr.P.C. and appointing S.H.O. Naya Sahar, Bikaner as a receiver of the residential house of the petitioner in exercise of his power under Section 146 Cr.P.C.
(2.) BRIEF facts leading upto this, stage are that the respondent No. 2. lodged a FIR before S.H.O., Naya Sahar on 10.7.95 making an allegation that she has made an agreement of sale of the house in question with possession with the petitioner on 3.10.90 and since then she was in possession but she has been forceably dispossessed by the petitioner. She complained that on the basis of agreement to sell dated 3.10.90 she is entitled to continue in possession, therefore, possession may be. taken from Smt. Keshar, present petitioner, and he restored to her. The S.H.O., Naya Sahar after enquiry, sent a report to the learned Additional District Magistrate (City), Bikaner that there is serious apprehension of breach of peace between the parties, therefore, in order to arrest apprehension of breach of peace a receiver may be appointed. On the aforesaid report, the learned Additional District Magistrate (City), Bikaner vide his order dated 18.7.95 initiated proceedings under Section 145 Cr.P.C. and in consequence thereof appointed S.H.O., Naya Sahar as a receiver of the house in question in exercise of his power under Section 146 Cr.P.C.
(3.) AGGRIEVED against the order dated 18.7.95, passed by learned Additional District Magistrate (City), Bikaner, the petitioner filed a revision before the learned Sessions Judge, Bikaner where it was brought to the notice of the learned Sessions Judge that by playing fraud respondent No. 2 Smt. Shanti Devi had obtained an ex -parte decree against her. When she came to know about fraudulent ex -parte decree she had moved an application under O.9 Rule 13 C.P.C. for setting aside the ex -parte decree.;