K.S. LODHA, J.—This revision has been filed by Moda Ram and others against the orders of the learned Sub-Divisional Magistrate, Jodhpur, dated 24.1.84 and 12.3.84 in proceedings u/s 145 Cr. P. C. By the order dated 24.1.84, the learned Magistrate, drew a preliminary order as also attached the property u/s 146 Cr. P.C. By the later order dated 12.3 84, the learned Magistrate refused to vacate the attachment.

2. The facts giving rise to this revision briefly stated are that the non-petitioner Shri Prithvi Raj filed an application under sections 145 and 146 Cr. P.C. before the learned Sub-Divisional Magistrate, Jodhpur, alleging that in village Jaliwara Khurd, there existed a common chowk, situated in front of the houses of the applicant as well as the non-applicants, who are petitioners in this revision, which was being used by all the villagers for the purposes like marriages, deaths etc but now the non-applicants i. e. the present petitioners were claiming this land to be their exclusive property and are trying to raise a wall around it and are using this chowk as a kiln. The applicant, therefore, prayed that proceedings u/s 145 Cr. P. C. should be taken against the non-applicants a

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