The proceedings under Sections 145/146 Cr.P.C. cannot proceed if a civil court is involved and a preliminary order is required before appointing a receiver.

JUDGMENT :

KULDEEP MATHUR, J.

1. By way of filing present criminal miscellaneous petition, a challenge has been laid to the order dated 16.07.2022 passed by the learned Additional Sessions Judge Jodhpur in Criminal Revision No. 8/2021 titled as Mishrilal v. State of Rajasthan, By the impugned order dated 16.07.2022, the order dated 13.10.2019 passed by Sub-Divisional Magistrate, Baori, in exercise of powers conferred upon him under Section 145 /146 Cr.P.C. for appointment of receiver has been set aside.

2. Heard learned counsel for the parties and perused the material available on record.

3. After hearing learned counsel for the parties and perusing the case file, this Court finds that a revenue dispute is pending between the parties in connection with the land situated in revenue village Baori before Board of Revenue Rajasthan, Ajmer and an order to maintain status quo over the disputed land is in force. Thus, the inter-se rights of the parties regarding title or possession are eventually to be determined by the Board of Revenue Rajasthan, Ajmer.

4. Hon'ble the Supreme Court of India in the case of Abid v. Ravi Naresh, Special Leave to Appeal (Crl.) No. 5444/2022, decided on 01.01.2022 has held that once the civil court is seized of the matter, the proceedings under Section 145 /146 Cr.P.C. cannot proceed and must come to an end.

5. This Court also finds that the order of SDM, Baori dated 13.10.2019 passed in purported exercise of the powers conferred under Section 146 for appointment of receiver has been set aside by the revisional court vide impugned order dated 16.07.2022, solely on the ground that before passing the order dated 13.10.2019, a preliminary order as required under Section 145 (1) Cr.P.C. had not been passed.

6. Learned counsel for the petitioner though argued that the dispute between the parties is likely to cause breach of peace and therefore, the order of SDM, Baori dated 13.10.2019 deserves to be maintained, however, he was not in position to controvert the fact that:

1. The case pertaining to the disputed land is pending before Board of Revenue Rajasthan, Ajmer and an order to maintain status quo over the disputed land is in force.

2. The learned SDM, Baori before passing the order dated 13.10.2019, did not pass any preliminary order as required under Section 145 (1) Cr.P.C. by giving a finding regarding existence of a dispute between the parties which is likely to cause breach of peace.

7. In view of aforesaid discussion and having noticing the fact that an order of Board of Revenue Rajasthan, Ajmer is in force directing the parties to maintain status quo over the disputed land and no preliminary order as mandated under Section 145 (1) Cr.P.C. was passed by the SDM Baori, before passing final order dated 13.10.2019, for appointment of receiver, this Court does not find any illegality or perversity in the impugned order dated 16.07.2022 passed by the learned Additional Sessions Judge, Jodhpur warranting interference in the present criminal miscellaneous petition.

8. This Court does not find any force in the present criminal miscellaneous petition filed under Section 482 Cr.P.C.

9. Consequently, the same is dismissed.