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2010 Supreme(Raj) 107

MAHESH BHAGWATI
Stephen De Silva – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared
L.L. Gupta for Petitioner; Amil Punia, P.P. for State;
B.S. KhandelwaLjor Respondent No.2

JUDGMENT

Hon'ble BHAGWATI, J.-By way of this petition filed u/S. 482 of Cr.P.C. the petitioner has prayed to set aside the impugned order dated 25th September, 2004 rendered by Special Judge, Fake Currency Notes, Jaipur City, Jaipur wherein it has been observed that the order dated 15th December, 2003 passed by the Additional District Magistrate, Jaipur City (North), Jaipur was not a final order and it was an interlocutory order, hence, the revision did not lie.

2. Heard the learned counsel for the parties and carefully scanned the relevant material on record.

3. The sole crucial question springing for consideration in the instant case is that as to whether the order dated 15th December, 2003 rendered by Additional District Magistrate, Jaipur City (North), Jaipur is an interlocutory order or a final order?

4. A perusal of the order reveals that under Section 145(1) of Cr.P.C., trial Court issued a notice to both the parties asking them to appear in Court and furnish written reply as to why the disputed land should not be attached and a receiver thereupon be appointed?

5. In the case of M/s. Bhaskar Industries Ltd. vs. M/s. Bhiwani Denm and Apparels Ltd. and Ors. reported in 2001 Cr.




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