IMPORTANT POINT
The power to attach the property and appointing a Receiver has to be exercised in a case of emergency, where there is real threat perception to the property and life of people and not in a casual manner.

ORDER :

1. By way of the present petition under Section 482 Cr.P.C., the petitioner has challenged the order dated 04.05.2023 passed by the learned Additional District Magistrate (City), Bikaner (hereinafter referred to as ‘the trial court’), whereby the complaint under Section 145 Cr.P.C. filed by the Station House Officer, Naya Shahar, Bikaner (hereinafter referred to as ‘SHO’) has been allowed and SHO has been appointed as Receiver and the property in question – Godown has been given in possession to him.

2. Mr. Jain, learned Senior Advocate submitted that the petitioner is having peaceful possession of the godown, which he purchased at the strength of an agreement to sell dated 24.07.2012. He submitted that it appears that the respondent no.2 thereafter got a sale-deed executed in his favour on 12.03.2013 by mostly the same persons (some of the legal heirs of Bhanwar Khan) and have claimed their title and ownership over the property.

3. Learned counsel submitted that the possession of the godown in question was handed over by the original owner to the petitioner in the year 2012 and though the sale-deed has been executed in favour of the respondent no.2, but since the possession was lying with the present petitioner, de-facto possession was not transferred.

4. Learned Senior Counsel argued that the order impugned passed by the trial court on 04.05.2023, for appointing the SHO as Receiver is illegal and contrary to the mandate of Section 146(1) Cr.P.C. He submitted that the proceedings in question have been wrongly initiated by the SHO, maybe under the influence of the respondent no.2 and the same is deceitful attempt on his part, to take forceful possession from the petitioner.

5. Learned Senior Counsel further submitted that the trigger point or the reason for which the proceedings have been taken is, the First Information Report No. 139/2023 dated 14.03.2023, which the respondent no.2 had lodged in the office of SHO - the Police Station Naya Shahar, District Bikaner wherein an assertion was made that the possession of the godown in question has been wrongly taken by the petitioner party. It was stated that when the respondent no.2 went at the godown for installation of electricity meter, the petitioner and his relatives resisted the same.

6. Learned Senior Counsel read the First Information Report and submitted that the contents of the FIR do not show any force or aggression much less an aggression to such an extent which was likely to disturb the public peace and tranquility. It was argued that the FIR in question came to be registered on 14.03.2023 in relation to an incident which took place on 13.03.2023, whereas as per the complaint under Section 145 Cr.P.C. filed by the SHO concerned, he had already bound down both the parties under Sections 107 and 116 of Cr.P.C. on 07.04.2023. Learned Counsel added that as the parties had been bound down on 07.04.2023 and no incident after 13.03.2023 (major or minor) has taken place, the trial court had no justifiable reason to conclude that the situation is likely to disturb the public order or that there is likelihood of breach of public peace.

7. Mr. Verma, learned counsel for the respondent no.2 submitted that the interim order passed by this Court be vacated and the Receiver be allowed to take possession of the godown in question. He submitted that the petitioner and his relatives have forcibly taken the possession of the godown and have created ruckus, when the respondent no.2 went to the godown to get the electricity meter installed. He further submitted that in furtherance of the FIR, which the respondent no.2 had lodged, the investigating officer has found a prima-facie case for the offences under Sections 323 and 447 of IPC to be made out against the petitioner and his relatives. Therefore, the trial court has committed no error of law in exercising its power under Section 146 Cr.P.C. by attaching the property and appointing the Receiver.

8. Heard learned counsel for the parties