Dismissed

Iliyas Khan v. State of Rajasthan

Rajasthan HC1 Sept 2021CRLMP/2196/2021

Case brief

AI extract

What is this about?

The High Court disposed of a civil miscellaneous petition seeking to implead a third party in pending summary proceedings under Sections 145 and 146 Cr.P.C. regarding land dispute. The court held that such proceedings are independent of civil rights and do not establish title.

What did the court decide?

Petition for impleadment and stay petition dismissed; no right to establish title under Sections 145 and 146 Cr.P.C. established.

Iliyas Khan Vs State of Rajasthan — Rajasthan HC (2021) — LawSathi Research

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(1 of 2)

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[CRLMP-2196/2021]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 2196/2021

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Iliyas Khan S/o Shri Najru Khan, Aged About 72 Years, By Caste Kayamkhani, R/o Aguna Mohalla, Churu Tehsil And District Churu (Raj.).

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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Manoj Kumar S/o Jagdish Prasad, By Caste Brahmin, R/o Indra Colony, Jhunjhunu, Tehsil And District Jhunjhunu (Raj.).

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Sanif S/o Iliyas Khan, By Caste Kayamkhani, R/o Aguna Mohalla, Churu Tehsil And District Churu (Raj.).

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Shahrukh Khan S/o Iliyas Khan, By Caste Kayamkhani, R/o Aguna Mohalla, Churu Tehsil And District Churu (Raj.).

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Mohammed Imran Thim S/o Shri Mohammed Yakub Thim, By Caste Vyopari, R/o Ward No. 18, Churu Tehsil And District Churu (Raj.).

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----Respondents

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For Petitioner(s)	: Mr. Sharvan Kumar Ojha
For Respondent(s)	: Mr. Mahaveer Bishnoi, PP
	Mr. Nishant Motsara for R-2

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HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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01/09/2021

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In wake of second surge in the COVID-19 cases, abundant caution is being maintained, while hearing the matters in Court, for the safety of all concerned.

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The present dispute arises out of the agriculture land having been attached and receiver being appointed after the proceedings under Sections 145 and 146 Cr.P.C.

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(2 of 2)

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[CRLMP-2196/2021]

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The limited scope of the present petition is that during the pendency of the revision petition between the parties, one Mohammed Imran Thim submitted an application that he was having stakes in the land in question, and therefore, he be impleaded as a party. The claim of Mohammed Imran Thim was based upon an agreement dated 29.09.2011.

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Learned counsel for the petitioner submits that in case Mohammed Imran Thim needs to emphasize on his title, then the present remedy is of no use to him because these are merely proceedings under Sections 145 and 146 Cr.P.C. and he has no business to be a party.

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Learned counsel for the respondent No.2 however, submits that the respondent being a party would definitely not create any right in favour of the respondent, but at-least he shall have a claim to assist the court in the proceedings under Section 145 and 146 Cr.P.C.

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In light of the aforesaid submissions, the present petition is disposed of as there is no ground for interference in the impugned order. It is needless to say that the title of the parties cannot be established under Sections 145 and 146 Cr.P.C., for which, they shall be free to have their appropriate remedies. The aforesaid observations shall not prejudiced the proceedings under Section 145 and 146 Cr.P.C., which are independent of any civil rights.

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Stay petition also stands disposed of.

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(DR.PUSHPENDRA SINGH BHATI),J.

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5-Zeeshan

Iliyas Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Iliyas Khan v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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