Research › Browse › Judgment

Rajasthan High Court · body

1997 DIGILAW 1416 (RAJ)

Motilal v. State of Rajasthan

1997-11-27

M.A.A.KHAN

body1997
JUDGMENT 1. - Heard the learned counsel for the parties. 2. In this case proceedings Under section 145 Cr.PC. were initiated in respect of some garden land, alleged to have vested in the State of Raj. The disputed land, comprised of Khasra No. 95, 96 and 100 is stated to be in the Khatedari of the petitioner Motilal. Any way the learned Executive Magistrate, while registering the case Under section 145,107, 116 (3) Cr.RC. and ordering inquiry Under section 145 (4) Cr.RC. further directed on 4.4.85 for attachment of the suit property Under section 146 (1) Cr.RC. on the ground of apprehension of breach of peace. The said order of attachment was later on vacated as the same had been passed in the absence of the petitioners without hearing them. But after hearing the parties the learned Magistrate appears to have again passed similar order on 10.4. 85 and required the S.H.O. concerned to take possession of and supervise the subject matter of dispute. In that way from time to time orders, dated 10.4.85, 17.4.85 and 26.4.85, came to be passed. The petitioners appear to have challenged all the above mentioned three orders before the revisional court by preferring revision application Nos. 87/91, 88/91 and 89/91.By his impugned order, dated 1.10.94 the learned Sessions Judge dismissed all the three petitions. 3. Since the orders, passed by the learned Executive Magistrate on 10.4.85, 17.4.85 and 26.4.85, have already been examined by the revisional court in exercise of his powers under section 397/399 Cr.P.C., the second revision on same facts and for the same relief is barred by the provisions of Section 397(2) Cr.PC. The petition Under section 482 Cr.PC. may no doubt be made even after the revisional court has passed its order Under section 397 Cr.RC. but I do not find any grounds for invoking the inherent powers of this court in the facts and circumstances of the present case. There appears to be no miscarriage of justice if the impugned orders are allowed to remain in force and otherwise also there is no abuse of the process of the court. 4. At this stage it was pointed out by the learned counsel for the petitioners that consequent upon the attachment of the suit property on the ground of emergency, the State of Raj. 4. At this stage it was pointed out by the learned counsel for the petitioners that consequent upon the attachment of the suit property on the ground of emergency, the State of Raj. had filed a civil suit of adjudication of the rights of the parties to the suit property but such suit had failed. If that is so and likelihood of breach of peace with regard to the subject of dispute does no longer exist, petitioners may approach the learned Executive Magistrate for withdrawal of the attachment and release of the property in their favour as per Proviso to Section 146 Cr.RC. In case the learned Executive Magistrate fails to exercise his jurisdiction, vested in him under proviso to Section 146 Cr.PC., even after taking into account the decision of the revenue court passed in the suit filed by the State of Raj., the petitioners may approach the higher courts for their remedies.In view of the above, this petition is disposed of accordingly.> . *******