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1985 Supreme(Raj) 615

SOBHAG MAL JAIN
Shyam Sunder – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. M.C. Bhandari, Advocate.
For the Respondent No. 2:Mr. Prakash Tatia, Advocate.
For the Respondent: Mr. B.R. Mehta, P.P.

JUDGMENT

1. :- This revision petition is directed against the order dated the 10th August, 1985 of the Sessions Judge, Jodhpur, quashing the proceedings initiated by the Assistant Collector and Executive Magistrate, Jodhpur under Section 145 of the Code of Criminal Procedure and also setting aside the order of attachment passed by the said Magistrate on April 20, 1985.

2. The dispute relates to the property known as Ashram in Shramik Pura, Jodhpur. Members of the Vishwakarma Samaj claim it to be the property of the Samaj and allege that Baba Bajarang Das was only a Pujari for the temple whereas Baba Bajrangdas claims the property in his own rights. The Vishwakarma Samaj calls the property as Chartravas.

3. The proceedings under Section 145 Criminal Procedure Code commenced on April 17, 1983 on the report of Baba Garibdas at the Police Station, Shashtrinagar, to the effect that Baba Bajrangdas had gone out of station on April 3, 1983 and that in his absence 30-40 persons came there and asked the complainant tp leave the premises lest he would be killed. On April 19, 1983, Shyam Sunder petitioner also filed an application before the police that Baba Bajrangdas on investigation from Jad












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