Dismissed

Sau Khan and Anrr v. State and Anr.

Rajasthan HC15 May 2024CRLMP/921/2005

Case brief

AI extract

What is this about?

In a land dispute case involving imminent breach of peace, the High Court held that while the lower orders were appropriate, the continued attachment after two decades was untenable. The court directed the magistrate to conclude proceedings within six months while dismissing the petition as a barred second revision.

What did the court decide?

Direction to the Executive Magistrate to complete proceedings under Sections 145-146 CrPC within six months.

Sau Khan and Anrr Vs State and Anr. — Writ and Judicial Review | Rajasthan HC (2024)

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[2024:RJ-JD:22494]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc(Pet.) No. 921/2005

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Sau Khan S/o Shri Hakim Khan

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Sone Khan S/o Shri Hakim Khan

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Both residents of Village Solakiya Tala, Tehsil Shergarh, District Jodhpur

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----Petitioner

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Versus

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The State of Rajasthan through PP

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Shri Chanehar Khan S/o Shri Gule Khan, resident of Village Dechu, Tehsil Shergarh, District Jodhpur

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----Respondent

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For Petitioner(s) : None present For Respondent(s) : Mr. Anda Ram Choudhary, PP

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HON'BLE MR. JUSTICE FARJAND ALI

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Order

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15/05/2024

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The instant criminal miscellaneous petition has been preferred by the petitioners being aggrieved of the order dated 18.08.2005 passed by the learned Additional Sessions Judge No.2, Jodhpur in Criminal Revision Petition No.30/2004, whereby the learned revisional court dismissed the revision and affirmed the order dated 08.10.2004 passed by the learned SDM, Shergarh in Criminal Case No.7/2004 under Section 145 of the CrPC.

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The SHO, Police Station Shergarh on 06.10.2004 submitted an application before the SDM, Shergarh to the effect that there is a dispute in between the parties with regard to land of Khasra No.563 Rakba 42 Bigha 3 Biswa and there was imminent danger of breach of peace. Upon this application, the learned SDM

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passed the order dated 08.10.2004 and under the provisions of Section 145 of the CrPC directed for attachment of the property and appointed a receiver. The legality, correctness and propriety of the said order was examined by the learned Additional Sessions Judge No.2, Jodhpur in a revision preferred by the present petitioner and the learned revisional court concurred with the opinion of the SDM and dismissed the revision petition vide order dated 18.08.2005. Both these orders are under assail before this court.

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Learned counsel for the petitioner is not present. The matter is pending since the year 2005.

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Heard learned Public Prosecutor and perused the material available on the record. The learned SDM passed a reasoned order, which was appropriate in the facts and circumstances of the case. The learned court of revision passed a detailed order while concurring with the opinion of the SDM. This court finds no reason to interfere with the aforesaid orders. Otherwise also this is a second revision under the disguise of a miscellaneous petition under Section 482 of the CrPC, which is barred by sub-clause (3) of Section 397 of the CrPC.

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However, since the case relates to the year 2004 and a long period of two decades have elapsed, this court is of the opinion that the order of attachment and appointment of receiver should not be allowed to continue for such long period. Thus, it is felt appropriate to direct the Executive Magistrate to decide the entire

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proceedings under Sections 145-146 of the CrPC within a period of 6 months from the date of receipt of a copy of this order.

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With the above observation, the instant criminal miscellaneous petition as well as the stay petition are dismissed as being devoid of merit.

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(FARJAND ALI),J

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651-Pramod/-

Sau Khan and Anrr v. State and Anr.

Case brief

What is this about?

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Sau Khan and Anrr v. State and Anr.

Case brief

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