Phool Mohammed vs State of Rajasthan

Mr. P.K. Lohra, J.—Petitioner has filed this criminal misc. petition under Section 482 Cr.P.C to assail the impugned order dated 28th of April, 2016 passed by Additional Sessions Judge, Deedwana, District Nagaur (for short, learned revisional Court'') in Criminal Revision No. 29/2015.

By the order impugned, learned revisional Court has set aside order dated 22nd of June, 2015 passed by Sub-Divisional Magistrate (SDM), whereby the learned SDM, in a proceeding under Section 145 Cr.P.C. between the rival parties, has ordered attachment of the disputed property and further appointed a receiver by resorting to sub-section (2) of Section 146 Cr.P.C. The learned revisional Court, while entertaining revision petition, has noticed that the learned SDM has not made endeavour to follow the procedure provided under Section 145 and 146 (2) Cr.P.C before ordering for attachment of the disputed property and further in appointing receiver. It is with this finding the learned revisional Court has set aside the order and remanded the matter back to the learned SDM for considering the matter afresh.

I have heard learned counsel for the parties and perused the impugned order as well as order passed by learned SDM.

Upon perusal of impugned order in conjunction with the order passed by the learned SDM, in my opinion, the learned revisional Court has not committed any manifest error of law, which can be categorized as abuse of process of the Court requiring interference in exercise of inherent powers of this Court.

The learned revisional Court has recorded a definite finding that the materials available on record have been completely eschewed by the learned SDM while passing the order of attachment and appointment of receiver. Therefore, in the considered opinion of this Court, the order of remand has not occasioned failure of justice.

Resultantly, petition fails and same is, hereby, dismissed. Learned SDM is expected to decide the matter as expeditiously as possible pursuant to remand order.