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1986 DIGILAW 716 (RAJ)

Rewad v. State of Rajasthan

1986-10-23

GUMAN MAL LODHA

body1986
JUDGMENT 1. 1. Rewad and Kalu are having litigation for allotment of agricultural land. This suit is pending before the ACM No. 1, Jaipur where application for appointment of receiver is also pending. In the civil court an injunction has already been issued in favour of Kalu and others restraining Reward and others from disturbing possession of this land. 2. After hearing learned Counsel for the parties I am of the opinion that when Kalu has got injunction in his favour from a regular revenue court, the proceedings under Section 145 Cr. P.C. launched thereafter are mis-conceived. If Reward and others committed breach of injunction they can be punished for contempt of court. 3. Kalu and others respondent No. 2 therefore having held to be in possession prima facie by revenue court, no proceedings under Section 145 Cr. P.C. can be taken for making an enquiry as to who was in possession on the date of dispute. 4. In these circumstances since Kalu apprehension is that Reward and a others by their muscle strength would like to have blood shed and break bones of Reward and others, the appropriate proceedings can be under Section 107 Cr. P.C. read with Section 116 Cr. P.C. 5. Consequently I accept miscellaneous application of Reward. Instead of quashing the proceedings under Section 145 Cr. P.C. as a whole I direct that in the interest of justice for ensuring peace the Magistrate concerned should convert these proceedings under Section 107 Cr. P.C. against Reward and others and drop the proceedings under Section 145 Cr. P.C. 6. The petition is accepted as indicated above.Petition partly accepted. *******