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1994 Supreme(Raj) 525

B.R.ARORA
JALALUDEEN – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
B.S.BHATI, M.D.PUROHIT, O.P.Joshi, RANJIT JOSHI, T.R.S.Sodha

Judgment


B. R. ARORA, J.

( 1 ) THIS miscellaneous petition is directed against the order dated 23-9-1994, passed by the Sessions Judge, Merta, by which the learned Sessions Judge allowed the revision petition filed by Abdul Rasheed and others and set aside the order dated 2-5-1990, passed by the Executive Magistrate, Makrana, by which the learned Executive Magistrate attached the property and appointed the Station House Officer, Police Station, Makrana, as the Receiver.

( 2 ) STATION House Officer, Police Station, Makrana, on 30-3-1990, filed a complaint under Section 145, Cr. P. C. in the Court of the Executive Magistrate, Makrana, on the allegations that with respect to a plot measuring 59 x 50 situated on the Northern side of Mangalawa Road, Makrana, there is a likelihood of breach of peace between Party No. 1 Jalaludden and Party No. 2 Abdul Rashid and others and with respect to which both the parties lodged First Information Reports at the Police Station. The notices were issued to both the parties and the time was given to them for filing their reply. On 26-4-1990, the case was adjourned for filing reply and on an application for attachment of the property. Though the case wa




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