S.B. Criminal Misc. Petition No. 1191/2006 challenged orders passed under section 145 of Cr.P.C. concerning possession of a Haveli. The petitioner was absent. The High Court found no illegality and dismissed the petition under section 482 of Cr.P.C.
Petition under section 482 of Cr.P.C. dismissed; petition of the State dismissed;
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. Criminal Misc. Petition No. 1191/2006
Mahant Hanuman Dass Swami Versus
The State of Rajasthan & Ors.
Date of Order: 11/11/2014
HON'BLE MR. JUSTICE M.N. BHANDARI
None present for the petitioner/s.
Mr. Aladeen Khan, PP
Mr. R.K. Mathur, Sr. Advocate with Mr. Aditya Mathur, for the respondent/s.
Mr. Laxmikant, for respondent No. 4.
On 16/10/2014, last opportunity was given to petitioner
to argue the case but today also, none appears on behalf of the petitioner.
By this petition, a challenge is made to the order
22/02/2006 so as the order dated 30/06/2006. The orders were passed on an application under section 145 of Cr.P.C. followed by a revision petition.
The Additional District Magistrate passed interim order
on an application under section 145 of Cr.P.C. appointing S.H.O., Moti Dungri as receiver. It was challenged by maintaining a revision petition. The Revisional Court found that challenge to the interim order is not maintainable and
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there is no illegality in the order passed by Additional District Magistrate. It was also found that there exits dispute regarding possession of the “Haveli”.
In view of the above, a detailed order was passed and I do not find any illegality in the impugned orders so as to cause interference. Thus, the petition under section 482 of Cr.P.C. challenging the order passed by the Revisional Court
so as to Additional District Magistrate is dismissed.
Record be sent back.
S.R. Kumawat, Jr. P.A.- 11
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Seva Ram Kumawat
Jr.P.A.
1 issue framed by the court
Whether the impugned orders passed under section 145 of Cr.P.C. regarding possession of a Haveli are illegal?
2 provisions across 1 enactments
Mahant Hanuman Dass Swami
The State of Rajasthan
Ors.
M.N. BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
