PUSHPENDRA SINGH BHATI,J. - (1.) This criminal misc. Petition under Section 482 Cr.P.C. has been preferred against the order dated 17.08.2016 passed by the learned Sessions Judge, Sirohi in Criminal Revision No.43/2016, upholding the order dated 03.05.2016 passed by the Sub Divisional Magistrate, Special Judicial Magistrate, Sirohi in Case No.1/2016, allowing the application filed under sections 145 and 146 of the Code of Criminal Procedure, while passing an order of attachment.
(2.) The complainant had filed this complaint before the SHO, Police Station, Sirohi with the allegations pertaining to a particular piece of plot measuring 30 x 60 feet. It was alleged that the plot was under the ownership of one Faqeer Mohammed and purchased by the complainant vide an agreement dated 20.09.2003. It was also alleged that the petitioner was an employee of the complainant and was therefore, given a temporary place to reside in the said plot, and when the employment was terminated and the complainant sought vacation of the plot, a dispute arose between her and the petitioner.
(3.) Learned counsel for the petitioner submitted that even if there was an illegal possession and rival claims, then also, the powers under Section 145 Cr.P.C. could not be exercised to decide the claim between the two contesting parties. Learned counsel for the petitioner also submitted that there was no immediate apprehension of breach of peace recorded by the learned court below, and therefore, the power under Section 145 Cr.P.C. could not have been invoked.;