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2024 Supreme(Raj) 26

SUDESH BANSAL
Banna son of Jujha – Appellant
Versus
State of Rajasthan through Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Biri Singh, Sr. Adv. assisted by Mr. Jaswant Singh
For the Respondent: Mr. Chandragupt Chopra, PP Mr. Vijay Choudhary

JUDGMENT :

1. This Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. has arisen out of a criminal complaint moved by the SHO Lamba Hari Singh, Tonk on 11.07.1989 under Section 145 Cr.P.C. before the Court of Additional Collector and Magistrate, Malpura, District Tonk (hereinafter referred to as “ACM”). It was pleaded in the present complaint, that a dispute has erupted between party No.1 and party No.2 in respect of claiming possession over agricultural lands in question situated at Village Sitarampura, Kantoli, Tehsil Malpura District Tonk, due to which there is possibility of breach of peace and tranquility. On receiving the complaint, after prima facie satisfaction about the likelihood to cause a breach of peace exists, due to dispute between two parties in respect of claiming rival and respective possession over lands in question, learned ACM passed preliminary order dated 11.07.1989 under Section 146(1) Cr.P.C., appointing Naib Tehsildar, Malpura as receiver to take lands in question in his possession. Both parties submitted their respective claims and reply, to establish their cultivation and possession over lands in question on 11.07.1989 and prior th

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