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2005 Supreme(Raj) 50

H.R.PANWAR
Mahaveer Prasad – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. G.R. Punia, for the Petitioners.
Mr. J.P.S. Chaudhary, Public Prosecutor, for the State.
Mr. Sajjan Singh, for the Respondent No. 2.

Judgment

H.R. Panwar, J.-By this miscellaneous petition under Section 482, CrPC, the petitioners seek setting aside of the Judgment and order dated 24.03.2003 passed by the learned Sessions Judge, Churu (for short, "the revisional Court" hereinafter), by which the revisional Court allowed the revision petition filed by complainant-respondent No. 2 and set-aside the order dated 04.06.2001 passed by the Judicial Magistrate, Sardarshahar (for short, "the trial Court" hereinafter) and remanded the case to the trial Court for deciding the matter as per law after hearing the parties.

2. The facts of the case, relevant and necessary for decision of this miscellaneous petition are that complainant-respondent No. 2 filed an FIR with the Police Station, Bhanipura to the effect that on 111.1996, at about 8:00 AM, accused-petitioners Mahaveer Prasad, Shankar Lal and Bhera Ram, with a common intention, trespassed over the cote (Bada) and took forcible possession over the cote. It was alleged in the FIR that the complainant-respondent No. 2 was having possession over the said cote (Bada) for about 20 to 30 years. On this report, the investigation ensued and after investigation, the police filed


















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