Vijay Bishnoi, J. - (1.) This criminal misc. petition under Section 482 Cr.P.C. has been filed on behalf of the petitioner being aggrieved with the order dated 06.10.2016 passed by the Additional Sessions Judge, Ratangarh, District Churu (hereinafter to be referred as, 'Revisional Court'), whereby the criminal revision petition No.9/2012 filed by the petitioner has been dismissed. The said revision petition was preferred by the petitioner against the order dated 20.04.2012 passed by the Sub-Divisonal Magistrate, Ratangarh, District Churu (hereinafter to be referred as, 'The trial Court'), whereby while accepting the application filed on behalf of the respondent No.2 under Section 145 (5) Cr.P.C., it has canceled the order dated 23.02.2006 of appointment of receiver and ordered for handing over the possession of the land in question to the respondent No.2.
(2.) The trial Court as well as the Revisional Court has taken into consideration the fact that the petitioner has filed a complaint against the respondent No.2 alleging criminal trespass by him in the plot in question and on the basis of the said complaint an FIR was registered against respondent No.2. Later on, charge-sheet has been filed against him for the offense punishable under Section 447 IPC and the charges have also been framed against respondent No.2 for the said offense. After the conclusion of trial of said case the Additional Chief Judicial Magistrate, Ratangarh, vide judgment dated 21.02.2012 has acquitted the respondent No.2 for the offense punishable under Section 447 IPC while giving a finding that the respondent No.2 is in the possession of the land in dispute.
(3.) The trail Court has taken into consideration the said acquittal order and has ordered for cancellation of the orders of appointment of receiver and also ordered of handing over the possession of the land.;