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Judgment
Admittedly, the present petition has been filed under Section 482 Cr.P.C. praying that the order dated 17.4.2017 passed by the Sub Divisional
Magistrate, Dausa be set aside along with order dated 29.1.2018 passed by the revisional court.
The learned counsel for the petitioner has contended that the petitioner had filed a complaint bearing No.5/2016 under Section 145 Cr.P.C. for
initiating proceedings against the respondents.
During the course of arguments, the learned counsel for the petitioner has not denied that the parties are embroiled in civil litigation. That being so,
rightful course for the police to ward off apprehension of breach of peace, is to initiate security proceedings under Section 107/151 Cr.P.C. Rightly,
courts below have refused to initiate proceedings under Section 145 Cr.P.C.
In the present case, the order passed by the Sub Divisional Magistrate has been affirmed by the revisional court. The present petition filed under
Section 482 Cr.P.C. tantamount to second revision and same being not maintainable, is dismissed along with observations made above.