Miscellaneous criminal petition dismissed. Court declined to invoke inherent powers since a revenue suit was pending and the petitioner lacked possession, rendering Section 145 CrPC inapplicable.
Miscellaneous criminal petition and stay application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Misccellaneous (Petition) No. 1301 / 2015
Kajod Lal S/o Shri Ramchandra B/c Brahmin, Aged About 50 Years, R/o Village Kolukhedi, Tehsil Chhabra Distt. Baran
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. P.S. Shukla
For Respondent(s) : Mr. Rishi Raj Singh, PP for the State
Mr. R.K. Daga
(2 of 4)
[CRLMP-1301/2015]
HON'BLE MR. JUSTICE PANKAJ BHANDARI
Judgment / Order
07/04/2017
(3 of 4)
[CRLMP-1301/2015]
pending, proceedings cannot be continued under Sections 145 and 146 of CrP.C. It is also contended that the Court below have dealt with the rights of the party and have not committed any illegality in setting aside the order of appointment of receiver as well as in quashing the proceedings under Section 145.
(4 of 4)
[CRLMP-1301/2015]
application also stands disposed of.
(PANKAJ BHANDARI)J.
Arti/44
2 issues framed by the court
Whether inherent powers under Section 482 CrPC can be exercised when a revenue suit is pending regarding disputed property.
Whether proceedings under Section 145 CrPC can continue when the petitioner is not in possession of the disputed property.
Colour shows how this judgement treated each authority
NullReferred
State of Rajasthan Through PP
Additional Sessions Judge, ChhabraReferred¶27
Null
SDM, ChhabraReferred¶27
Null
4 provisions across 1 enactments
Kajod Lal S/o Shri Ramchandra B/c Brahmin
Narayan (ramnarayan) S/o Kashi Lal B/c Brahmin
Bhawanishankar S/o Kashi Lal B/c Brahmin
Ramratan S/o Kashi Lal B/c Brahmin
Brajmohan S/o Gokul B/c Brahmin
Laddugopal S/o Gokul B/c Brahmin
PANKAJ BHANDARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
PANKAJ BHANDARI
Parties & counsel
