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1979 Supreme(Raj) 250

RAJASTHAN HIGH COURT
M.C.Jain, J.
Ramchandra - Appellant
Versus
State of Rajasthan - Respondent
Certified copy of order Dated 15.2.79 in S. B. Cr. Misc. Petition No. 142 of 1978.
Decided On : 15-02-1979

The determination of rights by a competent court in a pending revenue suit can impact the outcome of a revision petition and an application under Section 482 Cr. P. C.

Headnote:

Competent Court - Revenue Suit - The court dismissed the revision petition on the ground that the rights of the parties had been determined by the competent court in a pending revenue suit, leading to the dismissal of the application under Section 482 Cr. P. C.

Fact of the Case:

The revision petition was dismissed by the Additional Sessions Judge based on the decision of the competent court in a pending revenue suit, leading to the dismissal of the application under Section 482 Cr. P. C.

Finding of the Court:

The court found that the rights of the parties had been determined by the competent court in the pending revenue suit, and consequently dismissed the revision petition and the application under Section 482 Cr. P. C.

Issues: The main issue was the determination of the rights of the parties by the competent court in the pending revenue suit and its impact on the revision petition and the application under Section 482 Cr. P. C.

Ratio Decidendi: The court's decision was influenced by the determination of the rights of the parties by the competent court in the pending revenue suit, leading to the dismissal of the revision petition and the application under Section 482 Cr. P. C.

Final Decision: The court dismissed the revision petition and the application under Section 482 Cr. P. C. based on the determination of the rights of the parties by the competent court in the pending revenue suit.

JUDGMENT

1. - Heard learned counsel for the applicant and learned counsel for the nonpetitioner No. 2 and learned P. P. for the State.

2. The revision petition was disposed of by the Additional Sessions Judge No. 1 Hanumangarh on the ground that pending revenue suit was decided on 28.1.78 by the Assistant Collector, Nohar whereby the rights of the parties have been determined by the competent court. In view of the decision of the competent court, the learned Addl. Session Judge dismissed the revision petition. In view of this order of the learned Addl. Sessions Judge, there does not remain any grievance with the petitioner. So far as the proceedings under Section 145 Cr. P. C. are concerned there and no grounds for the exercise of any inherent powers by this court. Consequently, his application under Section 482 Cr. P. C. is dismissed.Appeal dismissed.

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