Manak Mohta, J. - (1.) This revision petition has been filed by the petitioner against the order dated 04.02.08 passed by the learned Additional Sessions Judge No.2, Bhilwara, Camp Shahpura in criminal case No.08/2007 whereby the learned Judge has quashed and set aside the order dated 21.03.07 passed by the learned SDM, Shahpura with reference to proceedings taken under sections 145 and 146-A Cr.P.C.
(2.) Brief facts of the case are that , SHO, Police Station Phuliya Kallan, filed a criminal complaint under section 145 Cr.P.C. against the petitioner as well as respondent No.2 to 4 stating inter alia that there is a likelyhood of breach of peace over a disputed land situated at Sarsundra, Aaraji No. 331,332 and 334 measuring about 2.47 hectors near Arwad Bandh . The SHO further made a prayer that there is eminent danger of breach of peace, therefore, the concerned property may immediately be attached. It reveals from the record that the learned SDM registered the case and vide order dated 21.03.07 , issued notice under section 145 Cr.P.C. to the concerned parties, along with that, considering the facts he also passed order under section 146 (1) Cr.P.C. for attachment of the said properly and appointed Tehsildar, Shahpura as receiver to take over the possession of disputed land .
(3.) Being aggrieved by the said order, one of the party , Smt.Ramu Devi and Umrav, filed revision petition against the order of learned SDM before the learned Addl. Sessions Judge No.2. Bhilwara, challenging the legality and correctness of said order on the ground that as there was no danger of eminent breach of peace with regard to said land and wrongly the property has been attached and receiver has been appointed. They further alleged that their crop over the land is standing and a request was made that the order of attachment be quashed and possession may be handed over back to them.;