Order

25/01/2024

1. By way of filing the instant criminal misc. petition, challenge is made to the order dated 27.02.2023 passed by the learned Additional Sessions Judge, Phalodi, District Jodhpur as well as against the order dated 31.03.2021 passed by the learned Executive Magistrate, Phalodi in Criminal Misc. Case No.03/1991 whereby the learned Executive Magistrate directed to drop the proceeding under Section 145 of the Cr.P.C.

2. Heard learned counsel for the parties and gone through the order under assail. Upon mere apprehension of breach of peace, a complaint came to be submitted by the SHO, Phalodi on 02.04.1991 before the Executive Magistrate with the prayer to attach the property and to appoint a receiver and accordingly on 02.04.1991, the land had been attached. Upon challenging the order regarding attachment, vide order dated 09.03.1994, the learned revisional Court set aside the order of attachment and appointment of receiver, however, the proceeding under Section 145 of the Cr.P.C. was allowed to be continued. After long lapse of 25 and more years and upon death of one party Dau lal, the learned Executive Magistrate observed that there remains no need to allow continuance