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1995 Supreme(Raj) 565

RAJENDRA SAXENA
Mukarab Khan – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
B.L. Gupta, for Objector-Petitioner Sumitra Goyal, Public Prosecutor

Honble SAXENA, J. – Heard. Perused the record of the lower Court.

(2). Proceedings u/s 82-83, Cr.P.C. were initiated by the learned Additional Sessions Judge, Sikar in Sessions Case No. 21/90 State of Rajasthan vs. Idayat Khan against the accused Kasam Khan and he was declared as an absconder. As per report of the SHO Police Station Ramgarh Sethan and the Halka Patwari, 1/5th share of accused Kasam Khan in the Guwadi (House) and agricultural holding bearing Khasra No. 116 and 257 measuring 53 bigha 5 biswas situated in village Rasalpur were ordered to be attached. The petitioner and his three brothers filed an objection petition u/s 84, Cr.P.C. alleging that the said `Guwadi (House) was exclusively owned and in possession of the petitioner and that the agricultural holding was in their joint tenancy, which was not partitioned. The objectors, therefore, prayed that the afore-mentioned immovable properties be not attached. On behalf of objectors, a photo copy of the registered sale deed dated 4/4/78 pertaining to the said house, Khatedari pass book and four affidavits were filed. The objectors were given sufficient opportunity but no witness was examined. The learned Sessions Judge, t







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