Vijay Singh : Naresh Chander Joshi v. Naresh Chander Joshi
2012-03-13
MAHESH CHANDRA SHARMA
body2012
DigiLaw.ai
JUDGMENT 1. - This criminal misc. petition has been filed under Section 482 Cr.P.C. by the petitioner against the order dated 26.9.2007 of Additional Sessions Judge Fast Track No. 1 Jhunjhunu in Criminal Revision No. 95 of 2006 filed by the petitioner whereby the revision was dismissed and order dated 30.12.2003 passed by the SDM was upheld. 2. It is stated in the petition that on 25.11.2003 the respondent No. 1 filed a false report before the SDM Chirawa stating therein that he petitioner and the respondents 2 to 4 have taken forcible possession of the play ground of Birla Public School, and have constructed 8 feet wall thereby closing the aggress and ingress to the play ground. The SDM sent the said complaint to the Police Station Pilani who registered a case under Section 145 Cr.P.C. and filed the same before the SDM on 16.12.2003. From the report of the police it was evident that no affidavit were filed but still the SDM on the same date without application of mind appointed receiver on the disputed land and fixed the case for 22.12.2003. On 22.12.2003 the petitioner appeared and sought time for filing reply, while the respondents 2 to 4 were proceeded ex parte. The petitioner sought time for filing reply on 24.12.2003 due to non-availability of documents due to winter vacation in the civil Court. The time was allowed but the SDM granted last opportunity and fixed the matter for 26.12.2003. On 26.12.2003, the SDM recorded the statement of the respondent No. 1 and no opportunity was afforded for cross-examination of the witnesses to the petitioner. The SDM after hearing the arguments of the parties fixed the matter for judgment on 30.12.2003. The SDM in the order dated ?0.12.2003 stated that the respondent No. 1 was in possession on the first date and Directed the receiver to hand over the possession of the disputed land. Aggrieved against the order dated 30.12.2003 the petitioner filed a revision petition before the Sessions Judge Jhunjhunu which was transferred to the Court of Addl. Sessions Judge Fast Track No. 1 Jhunjhunu and the Addl. Sessions Judge vide judgment dated 26.9.2007 rejected the revision petition of the petitioner. 3.
Aggrieved against the order dated 30.12.2003 the petitioner filed a revision petition before the Sessions Judge Jhunjhunu which was transferred to the Court of Addl. Sessions Judge Fast Track No. 1 Jhunjhunu and the Addl. Sessions Judge vide judgment dated 26.9.2007 rejected the revision petition of the petitioner. 3. I have gone through the order of the SDM and the revisional Court and the material available on record and in my opinion both the orders do not suffer from any perversity so as to interfere in the inherent jurisdiction of this Court under Section 482 Cr.P.C. It is an admitted fact that on the first date of hearing when the matter was taken up the respondent No. 1 was in possession of the land in dispute and they have produced the documents in relation to the land in dispute and the petitioner has not produced any document or affidavit to prove their possession. In these circumstances the SDM rightly handed over the land in dispute to the respondent No. 1. This finding of the SDM was examined by the Addl. Sessions Judge and the Addl. Sessions Judge has correctly observed in its order for refusing to interfere with the order of SDM. In this matter the civil suit is also pending in between the parties. Thus in these circumstances I do not find any force in the criminal misc. petition and the same is hereby rejected. The misc. stay application also stands rejected.Petition dismissed. *******