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2009 Supreme(Raj) 1971

MANAK MOHTA
Chhagan Lal – Appellant
Versus
The State of Rajasthan – Respondent


For the Petitioner:Mr.Sudhir Sarupariya, Advocate.
For the Party: Mr.A.R. Nikub, Public Prosecutor.
For the Respondent:Mr. Vineet Jain for Mr.Sandeep Mehta, Advocates.

JUDGMENT

1. - This revision petition has been filed by the petitioner against the order dated 04.02.08 passed by the learned Additional Sessions Judge No.2, Bhilwara, Camp Shahpura in criminal case No.08/2007 whereby the learned Judge has quashed and set aside the order dated 21.03.07 passed by the learned SDM, Shahpura with reference to proceedings taken under sections 145 and 146-A Cr.P.C.

2. Brief facts of the case are that , SHO, Police Station Phuliya Kallan, filed a criminal complaint under section 145 Cr.P.C. against the petitioner as well as respondent No.2 to 4 stating inter alia that there is a likelyhood of breach of peace over a disputed land situated at Sarsundra, Aaraji No. 331,332 and 334 measuring about 2.47 hectors near Arwad Bandh . The SHO further made a prayer that there is eminent danger of breach of peace, therefore, the concerned property may immediately be attached. It reveals from the record that the learned SDM registered the case and vide order dated 21.03.07 , issued notice under section 145 Cr.P.C. to the concerned parties, along with that, considering the facts he also passed order under section 146 (1) Cr.P.C. for attachment of the said properly and ap












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