Dismissed

Jainarayan Sankhla v. State of Rajasthan

Rajasthan HC10 Oct 2022CRLMP/5523/2022

Case brief

AI extract

What is this about?

Petitioners challenged an order initiating proceedings under Sections 145 and 146 of the CrPC. The Court rejected the argument that the pendency of a revenue suit precluded such proceedings, distinguishing the case from Chatra Ram. It dismissed the petition as premature since the petitioners failed to appear before the Sub-Divisional Magistrate to file their replies.

What did the court decide?

The petition challenging the initiation of proceedings under Sections 145 and 146 CrPC was dismissed; the stay application was disposed of.

Jainarayan Sankhla Vs State of Rajasthan — Property and Title | Rajasthan HC (2022)

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(1 of 3)

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[CRLMP-5523/2022]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S. B. Criminal Misc. (Pet.) No. 5523/2022

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Jainarayan Sankhla S/o Badrinarayan Sankhala, Aged About 62 Years, R/o 442, Bori Kuwa, Chenar (Rural), Nagaur.

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Jawari Bai Sankhla W/o Jainarayan Sankhala, Aged About 60 Years, R/o 442, Bori Kuwa, Chenar (Rural), Nagaur.

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Madan Singh Sankhla S/o Jainarayan Sankhla, Aged About 42 Years, R/o 3-2-218/219, Rajamurdliar Street, Kalasiguda, Secunderabad, Hyderabad, Andhra Pradesh.

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----Petitioners

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Versus

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State of Rajasthan, Through Pp

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Sub Divisional Magistrate, Nagaur.

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Mishrilal @ Baalu S/o Shri Badriram, B/c Mali, R/o Sankhla Baas, Chenar, Tehsil and District Nagaur.

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----Respondents

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For Petitioner(s) : Mr. Piyush Chouhan For Respondent(s) : Mr. Mool Singh Bhati, P.P.

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JUSTICE DINESH MEHTA

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Order

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10/10/2022

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Present petition lays challenge to order dated 04.02.2022 passed by the Sub-Divisional Magistrate, Nagaur.

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Mr. Chouhan, learned counsel for the petitioners argued that the learned Sub-Divisional Magistrate has erred in initiating proceedings under Sections 145 & 146 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) and issuing notices to the petitioners.

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It is contended by learned counsel for the petitioners that since matter is sub-judice before the Revenue Court and interim

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(2 of 3)

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[CRLMP-5523/2022]

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order has been passed, the S.D.M. could not have initiated proceedings under Section 145 of the Code.

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In support of his contention aforesaid, learned counsel for the petitioners cited judgment of the Court in the case of Chatra Ram and Others vs. State of Rajasthan and Others reported in (1996) CriLJ 4495 .

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Heard learned counsel for the petitioners and perused the record.

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It is to be noted that the petitioners have rushed to this Court simply challenging a notice issued by the S.D.M., Nagaur, without even bothering to appear before the S.D.M. and putting forth their reply and defence available.

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So far as the judgment rendered in the case of Chatra Ram (supra) is concerned, in that case, the Executive Magistrate proceeded with the procedure under Section 145 of the Code even after learning about the fact of interim order having been granted by the revenue court. The fact of this case are clearly distinguishable from the facts in the present case in as much the fact of pendency of revenue suit was not brought to the notice of learned S.D.M.

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As a matter of fact, the petitioners are supposed to appear before the S.D.M. and put forth their defence by way of filing reply or otherwise. Invocation of inherent jurisdiction under Section 482 of the Code, in the facts of the present case is premature and unwarranted at this stage.

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The petition, therefore, fails and is dismissed.

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In case, the petitioners file their reply and appear before the S.D.M., Nagaur, obviously the S.D.M. concerned shall consider the same in accordance with law.

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(3 of 3)

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[CRLMP-5523/2022]

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The stay application also stands disposed of accordingly.

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(DINESH MEHTA),J

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49-Inder/-

Jainarayan Sankhla v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Jainarayan Sankhla v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

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