Bhera Ram @APPELLANT@Hash State of Rajasthan & Ors.

 Petitioners have preferred this revision petition under Section 397 read with Section 401 Cr.P.C. to challenge order dated 14.10.2017 passed by

Additional Sessions Judge, Pokaran (for short, ‘learned lower revisional Court’), whereby learned lower revisional Court has set aside order

dated 12.09.2017 passed by Sub-Divisional Magistrate, Pokaran District Jaisalmer (for short, ‘learned Executive Court’) and remanded the

matter back for deciding it afresh after taking evidence of rival parties.

The facts, in brief, are that petitioners submitted a complaint against respondents, inter-alia, alleging therein that there exists a dispute relating to

immoveable property between rival parties which is likely to cause breach of peace. Precisely, the complaint spells out that rival parties have locked

horns in relation to possession of agricultural lands of Khasra No.1129 admeasuring 86 bighas, 13 biswas and of Khasra No.1183 admeasuring 147

bighas, 17 biswas. It is also averred in the complaint that in fact rival parties are having 50% share in the agricultural land but the respondents are

out and out to grab the entire land and this sort of situation has created unrest, which is likely to breach peace & tranquility. The complaint was also

accompanied by application under Section 146 of the Cr.P.C.Â

Learned Executive Magistrate, upon examining the matter, prima facie, recorded its satisfaction about emergent situation and in order to maintain

peace & tranquility, ordered for attachment of the property and appointed SHO Police Station Pokaran as Receiver. Feeling aggrieved by the said

order, respondents preferred a revision petition before learned lower revisional Court. The learned Court below, after considering the matter, found the

order of Executive Magistrate infirm and laconic, and consequently upset the same. The learned Court below, while setting aside order of the

Executive Magistrate, remanded the matter back for deciding it afresh after taking evidence of the rival parties strictly in accordance with law.Â

Feeling disgruntled with the order of learned lower revisional Court, petitioners-original complainants have approached this Court.

I have heard learned counsel for the petitioners, learned Public Prosecutor as well as learned counsel for the respondents, perused both the orders and

also examined the record of the case.

After examining the matter, it has come to the fore that existence of dispute between rival parties is clearly apparent and the same has caused breach

of peace & tranquility. The positive assertion of the petitioners is that they are having 50% share in the disputed agricultural land and entire rukus

resulting in dispute is a creation of respondents. Per contra, contention of learned counsel for the respondents is that in fact petitioners are

responsible for creating a tense & alarming situation at the site and lodging complaint at their behest is an attempt to camouflage their serious

omissions and commissions as well as overt-acts.Â

Undeniably, rival parties are closely related and cause of acrimony is possession of the agricultural land, and therefore, at the threshold, while issuing

notices, this Court has directed both the parties to maintain status quo regarding property in question. The main complaint of the petitioners under

Section 145 Cr.P.C. is still pending before Executive Magistrate and the dispute regarding possession of property is still subject-matter of that

complaint. Learned lower revisional Court, upon examining the matter, found the order of attachment and appointment of receiver laconic and with

this finding remanded the matter back to learned Executive Magistrate.

The finding of learned lower revisional Court may not be apparently infirm & laconic but the fact of the matter is that dispute is still subsisting between

rival parties regarding possession of disputed land and that can finally be adjudicated by the learned Executive Magistrate after taking evidence of the

rival parties. Therefore, in the backdrop of peculiar facts and circumstances of the case, pendency of the main petition has persuaded me to upset

the impugned orders passed by learned lower revisonal Court as well as learned Executive Magistrate to abate acrimony between rival parties and in

their best interest. Accordingly, both the orders are set aside and the matter is remanded back to learned Executive Magistrate for deciding main

complaint of the petitioners afresh after taking evidence of the rival parties strictly in accordance with law. Learned Executive Magistrate is also

expected to decide the main petition as expeditiously as possible, preferably within a period of six months from the date of receipt of this order. In the

interest of justice and for maintaining peace, both the parties are also directed to maintain status quo regarding the property in question till final

adjudication by the learned Executive Magistrate.

It is made clear that the observations made by this Court shall have no ramification on the final adjudication of the complaint of petitioners by learned

Executive Magistrate and the learned Executive Magistrate is expected to decide the same dispassionately, uninfluenced by the observations made

supra.