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Rajasthan High Court · body

2001 DIGILAW 1810 (RAJ)

Kanahiya Lal v. State

2001-11-20

JAGAT SINGH

body2001
JUDGMENT 1. - Accused persons have filed this revision petition assailing legality, propriety and correctness of the order dated 16.9.2000 passed by Judicial Magistrate (Junior Division), Ladnu who in his Criminal Case No. 316/99 after perusing the record was pleased to take cognizance against the present petitioners for offences under Sections 146, 447 and 379 Indian Penal Code. Hence this revision petition. 2. The submissions of the learned counsel are that agricultural land measuring 44 Bighas 6 Biswas compromising Khasra No. 1108 of Ladnu was in the joint khatedari of the complainant as also the accused persons and unless and until there was partition by metes and bounds, all the joint khatedars have share in each inch of the above land. A litigation in the revenue court with regard to above land was also pending and the Commissioner was to inspect the land on 4.1.99 but during the previous night of 3.1.99 complainant without any authority has fixed barbed wire on the eastern part of 4 Bighas 8 Biswas of the land of Khasra No. 1108. It is further submitted that keeping in view the above factual aspects in mind the SHO has submitted Final Report that no case is made out even then the court below has taken cognizance causing miscarriage of justice. 3. On the other hand learned P.P. as also learned counsel for the complainant has supported the impugned order. 4. I have carefully considered the rival submissions. Even assuming that 44 Bighas 6 Biswas land of Khasra No. 1108 was in the joint khatedari of complainant and the accused persons and complainant were having share in each inch of the above land and even further assuming that the complainant had no right to slice away 4 Bighas 6 Biswas land by fixing barbed wire upon it that will not create any right in favour of the accused persons to remove the barbed wire and as also the stone slabs or to break them into pieces causing unlawful loss to the complainant. When in the police statement Lal Mohd. Gulab, Deen Mohd. etc. have stated that accused persons alongwith some others came on the site alongwith jeep and cut the barbed wire and removed the same alongwith stone slabs. When in the police statement Lal Mohd. Gulab, Deen Mohd. etc. have stated that accused persons alongwith some others came on the site alongwith jeep and cut the barbed wire and removed the same alongwith stone slabs. Similarly some stone slabs were also broken into pieces prima facie it cannot be said that no offence under Sections 147 and 379 Indian Penal Code is made out. The revisional court should not interfere unless there are compelling reasons for so doing. If the order is vitiated by perversity or gross illegality or there is any legal flow causing miscarriage of justice only then the revisional court can interfere. In the matter at hand, no such situation seems to have arisen.Consequently, I do not find any merit in this revision petition and the same stands dismissed. However, the court below will not get influenced by anything mentioned in this order and will dispose of the matter on the basis of evidence available on the file and according to law.Revision Dismissed. *******