DEEPAK MAHESHWARI,J. - (1.) This revision petition has been preferred to question judgment dated 19.03.2016 passed by learned Sessions Judge, Rajsamand whereby the order dated 6.4.2013 passed by Chief Judicial Magistrate, Rajsamand has been set aside and the matter has been remanded back to the trial court for framing charges against the accused-petitioners for the offences under section 295 and 379 IPC.
(2.) Succinctly stated facts of the case are that Kalu Nath allegedly executed a registered sale deed on 14.11.2011 in favour of Bholi Bai and possession was also handed over to her of some agricultural land wherein idols (Samidhies) of predecessors of Kalu Nath and others of Kalbeliya community were established and places were allegedly being maintained as place of worship by them. After purchase of the land from Bholi Bai, the accused petitioners alleged destroyed the idols and place of worship for which an FIR came to be registered fro the offences under section 295 and 379 IPC. The police investigated the matter and filed charge sheet against the accused-petitioners. Learned trial court vide order dated 6.4.2013 discharged the accused-petitioners on the ground that the said place of worship was purchased by accused-petitioners from Bholi Bai. Thus, they were entitled to use the said land in the manner they wish. The learned trial court was of the view that there cannot be any question of committing theft of anything which was established on the land purchased by the accused-petitioners.
(3.) Challenge was made to this order of discharge by the complainant Kalu Nath by way of filing a revision petition before learned Sessions Judge, Rajsamand, meanwhile a Civil Suit No.9/2012 titled Kalu Nath v. Bholi Bai was decided vide judgment dated 4.4.2015 whereby the sale deed executed by Kalu Nath was cancelled on the basis of which the learned trial court passed the order of discharge in favour of accused-petitioners Learned Sessions Judge while taking the fact of cancellation of sale deed into consideration and also considering the factual aspects that idols (Samadhies) of Kalbeliya committee were found to be demolished and destroyed came to the conclusion that the order of discharge is not liable to be sustained. Thus, the learned Sessions Judge quashed the order of discharge and remanded the matter back to the learned trial court to frame the charges. This order of learned Sessions Judge has been challenged by way of filing this revision petition.;