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1996 Supreme(Raj) 653

R.R.YADAV
Keshar – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
A.K. Singh, for Petitioner S.K. Vyas, Public Prosecutor S.K. Sen, for Respondent No. 2

Honble YADAV, J. – Instant criminal misc. petition under Sec. 482 Cr.P.C. has been filed before this Court for quashing revisional order dated 9.11.95 and the order passed by learned Additional District Magistrate (City), Bikaner on 18.7.95 in Cr. Case No. 54/95 initiating proceedings under Sec. 145 Cr.P.C. and appointing S.H.O. Naya Sahar, Bikaner as a receiver of the residential house of the petitioner in exercise of his power under Sec. 146 Cr.P.C.

(2). Brief facts leading upto this stage are that the respondent No.2 lodged a FIR before S.H.O., Naya Sahar on 10.7.95 making an allegation that she has made an agreement of sale of the house in question with possession with the petitioner on 3.10.90 and since then she was in possession but she has been forceably dispo- ssessed by the petitioner. She complained that on the basis of agreement to sell dated 3.10.90 she is entitled to continue in possession, therefore, possession may be taken from Smt. Keshar, present petitioner and be restored to her.

(3). The S.H.O., Naya Sahar after enquiry, sent a report to the learned Additional District Magistrate (City) Bikaner that there is serious apprehension of breach of peace between the parti
















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