Dismissed

Mahendra S/O Kishanlal v. State of Rajasthan

Rajasthan HC29 Aug 2024CRLR/669/2024

Case brief

AI extract

What is this about?

The High Court of Rajasthan dismissed the S.B. Criminal Revision Petition challenging an order appointing a receiver under Section 145 Cr.P.C., finding the revisional court's interference correct as the original order lacked reasons and basis. The petitioner was directed to approach civil or revenue courts for alternative relief.

What did the court decide?

The criminal revision petition is dismissed along with all pending application(s). Petitioner directed to approach civil or revenue courts.

Mahendra S/O Kishanlal Vs State of Rajasthan — Landlord and Tenant | Rajasthan HC (2024)

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[2024:RJ-JP:36204]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Revision Petition No. 669/2024

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Mahendra S/o Kishanlal, R/o Village Ladpura Tehsil And Police Station Kotkasim District Alwar (Raj)

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----Petitioner

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Versus ----Respondent

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State Of Rajasthan, Through Pp

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For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Mr. Amit Punia, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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29/08/2024

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Aggrieved from order dated 21.03.2024 in criminal revision petition No. 46/2023 passed by learned Additional Sessions Judge No.1, Kishangarhbas, Alwar instant revision petition is preferred by petitioner applicant. The revisional court has set aside the order dated 01.08.2023 in application No. 04/2023 passed by learned Sub-divisional Magistrate, Kotakasim, Alwar wherein on a complaint filed by present petitioner, Tehsildar Kotkasim was appointed as receiver, while invoking power under Section 145 of Cr.P.C.

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We have considered submissions of learned counsel for petitioner and also perused the material placed on record. 3. Having considered the fact that till date no criminal case, whatsoever was registered between the parties in any of the police station having jurisdiction over the land in question. Moreover order passed by sub-divisional Magistrate sans reasons

[2024:RJ-JP:36204]

[CRLR-669/2024]

(2 of 2)

and same was found to be without any basis. The revisional court has interfered in the order passed by Sub-divisional Magistrate. A perusal of order dated 01.08.2023 also reflects non application of mind. Looking to aforesaid, I am of considered view that there are no grounds which require consideration on merits in the instant revision petition, as there is no perversity or illegality in order of revisional court.

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In case the petitioner is aggrieved of any cause of action or otherwise, he is entitled to invoke jurisdiction of civil court or revenue court, as the case may be and pray for appointment of receiver as provided under Section 40 of CPC.

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In view of aforesaid, the revision petition is devoid of merits and same is dismissed along with all pending application(s), if any.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /79

Mahendra S/O Kishanlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Mahendra S/O Kishanlal v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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