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2022 Supreme(Raj) 2787

FARJAND ALI
Harchand Ram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Dinesh Kumar Godara, for the Appellant; Mr. S.K. Bhati, PP, for the Respondent

ORDER

1. By way of filing the instant Misc. Petition, challenge has been made to the order dated 10.02.2022 passed by the learned Additional District & Sessions Judge, Pokran in Criminal Revision No.14/2021 as well as the order dated 25.10.2021 passed by the learned Sub-Divisional Magistrate, Pokran in Case No.M7/2019 (Parvati Devi Vs. Harchand Ram & Ors.) whereby the application of the petitioner for detaching the property has been rejected and revision petition has been dismissed.

2. Learned counsel Shri Dinesh Kumar Godara appearing for the petitioner submits that the entire proceeding has been undertaken in direct conflict of law and the same has been done by going beyond jurisdiction. It is further submitted that although there was no imminent danger of breach of peace and tranquility yet upon a complaint made for initiation of proceeding under Section 145 (1) Cr.P.C., learned Executive Magistrate (SDM), Pokran vide its order dated 28.03.2019 directed to institute proceeding under Section 145 (1) Cr.P.C. and issued notice to the parties concerned. No order under Section 146 (1) of the Cr.P.C. i.e. no speaking order regarding attachment of property was passed despite that the SHO

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