The court emphasized that attachment orders under emergency provisions must be backed by compelling evidence of imminent danger to public peace, otherwise it constitutes a misuse of legal process.

ORDER :

1. The present criminal revision petition has been instituted by the petitioner under Sections 397 read with 401 of the CrPC (corresponding to Sections 438 read with 442 of the BNSS), assailing the order dated 04.07.2025 passed by the learned Additional Sessions Judge, Nokha, District Bikaner in Revision Petition No. 15/2025, whereby the revision petition preferred by respondent No. 2 was allowed and, consequently, the order of attachment passed under Section 165(1) of BNSS dated 18.06.2025 by the learned Sub-Divisional Magistrate in Case No. 04/2025 came to be set aside.

2. Briefly stating the facts of the case are that a complaint under Section 164 of the BNSS was submitted by the S.H.O., Police Station Panchu, regarding rival claims over the land in question, pursuant to which multiple complaints were lodged by the parties concerned. Upon inquiry, it was reported that the petitioner and certain private respondents were in possession and that the dispute was likely to occasion breach of peace, whereupon the learned S.D.M., by order dated 18.06.2025, directed attachment of the land and appointed the S.H.O. as receiver. The said order was set aside by the learned Additional Sessions Judge on 04.07.2025 in revision preferred by respondent No. 2, giving rise to the present revision petition at the instance of the petitioner.

3. Heard learned counsel appearing on behalf of the parties and perused the material available on record.

4. Before delving into the merits of the present petition, it is pertinent to discuss the legal framework under which the revisional jurisdiction of the Court is invoked. Section 438 of the BNSS, 2023 (corresponding to section 397 Cr.P.C.), outlines the powers of the High Court and Sessions Court to call for records and revise orders passed by subordinate Courts. This provision plays a crucial role in ensuring that justice is not only done but is also seen to be done by correcting any legal or procedural errors that may have occurred in the lower Courts. To fully appreciate the scope and application of this Section, it is essential to reproduce it here for reference:

438. Calling for records to exercise powers of revision.

(1) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding, sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on his own bond or bail bond pending the examination of the record.

Explanation. – All Magistrates, whether Executive or Judicial, and whether exercising original or appellate jurisdiction, shall be deemed to be inferior to the Sessions Judge for the purposes of this sub-section and of Section 439.

(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding.

(3) If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the