Disposed

Abhisekh Sihag v. State of Rajasthan

Rajasthan HC16 Aug 2022CRLMP/623/2022

Case brief

AI extract

What is this about?

The Court disposed of a petition challenging a revisional order that observed on merits regarding an interlocutory order attaching disputed land. The Court directed the trial Court to conclude proceedings under sections 145 and 146 CrPC within three months, taking an independent view without being influenced by the preceding observation.

What did the court decide?

Directing the trial Court to conclude proceedings under sections 145 and 146 CrPC within three months without being influenced by the revisional court's observation.

Abhisekh Sihag Vs State of Rajasthan — Property and Title | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 623/2022

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Abhisekh Sihag S/o Shri Rakshpal Sihag, Aged About 40 Years, R/o Gandhi Colony, Churu, Tehsil And District Churu (Rajasthan).

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Ajay Sihag S/o Shri Vidhyadhar Sihag, Aged About 45 Years, R/o Gandhi Colony, Churu, Tehsil And District Churu (Rajasthan).

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Amit Sihag S/o Shri Vidhyadhar Sihag, Aged About 38 Years, R/o Gandhi Colony, Churu, Tehsil And District Churu (Rajasthan).

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----Petitioners

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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Kuldeep Kumar Joshi S/o Shri Dwarka Prasad Joshi, R/o Heenwasi Dudhwakhara, Tehsil And District Churu. At Present Gandhi Colony, Churu, Tehsil And District Churu (Rajasthan)

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----Respondents

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For Petitioner(s) : Mr. K.R. Saharan For Respondent(s) : Mr. Anees Bhurat, Public Prosecutor

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JUSTICE DINESH MEHTA

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Order

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16/08/2022

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By way of present petition filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners have challenged the order dated 01.12.2021, passed by the learned Additional Sessions Judge, Churu (hereinafter referred to as "the Revisional Court"), whereby the revision petition against the order dated 22.01.2021, passed

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(2 of 4)

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[CRLMP-623/2022]

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by the Sub Divisional Magistrate, Churu (hereinafter referred to as "the trial Court") has been rejected as not maintainable.

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The facts appertain for the present purposes are that the Station House Officer, Kotwali Churu filed an application under Section 145 of the Code of Criminal Procedure before the trial Court and prayed that the appropriate order for ensuring peace and harmony be passed and the property being land admeasuring 30X107 feet in Ward No.34, Gandhi Colony, Churu be attached and receiver be appointed.

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The learned trial Court vide its order dated 22.01.2021 finding the apprehension of the Station House Officer, Kotwali to be prima-facie correct, attached the disputed plot and appointed the Station House Officer concerned to be the receiver of the subject property in order to ensure peace and harmony.

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Against the order aforesaid, the petitioners preferred a revision petitioner, which was registered as Revision Petition No.30/2021 and came to be decided by the learned Additional Sessions Judge, Churu (Revisional Court) vide order dated 01.12.2021.

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The Revisional Court rejected the revision petition finding the revision petition to be not maintainable inter-alia observing that the impugned order is on an interlocutory application, hence, revision does not lie.

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Mr. Saharan, learned counsel for the petitioners argued that the learned Revisional Court has erred in rejecting the revision petition on the ground of it not being maintainable. He further argued that while rejecting the revision petition on the ground of maintainability, the learned Revisional Court was not justified in

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(3 of 4)

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[CRLMP-623/2022]

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rejecting on merit as well as making observation about the merits of the case.

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Inviting Court's attention towards the operating part of the order, learned counsel for the petitioners argued that the trial Court would feel bound by the observation made by the Revisional Court in the impugned order and the same would adversely affect petitioners' rights involved in the application under Section 145/146 of the Code filed by the Station House Officer, Kotwali.

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After hearing learned counsel and upon perusal of the order impugned passed by the Revisional Court, this Court finds substance in what has been argued by learned counsel for the petitioners.

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In the opinion of this Court, the Revisional Court was not justified in pronouncing upon merit of the case much less making the observation, in case it was of the opinion that the order dated 22.01.2021 is an interlocutory order against which, revision was not maintainable.

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This Court feels that even if it is to be considered and then, held that the petitioner's revision petition was maintainable, setting aside of the order impugned would require issuance of notice to the opposite party (respondent No.2), which would require substantial time and by such time the proceedings before the trial Court would culminate.

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Hence, considering the factual and legal matrix, the present petition is disposed of with the direction to the trial Court to conclude the proceedings under Sections 145 and 146 of the Code in accordance with law as early as possible preferably within a period of three months of placing certified copy of the order instant.

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(4 of 4)

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[CRLMP-623/2022]

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While concluding the proceedings, the trial Court shall take its independent view of the factual and legal matrix, without being influenced by the observation made by the Revisional Court in its order dated 01.12.2021.

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The misc. petition so also stay petition stands disposed of accordingly.

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(DINESH MEHTA),J

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1-Ramesh/-

Abhisekh Sihag v. State of Rajasthan

Case brief

What is this about?

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Abhisekh Sihag v. State of Rajasthan

Case brief

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