Rajasthan High Court
Jagdish Prasad S/O Sh. Mangi Lal vs State Of Rajasthan on 22 April, 2022
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous (Petition) No. 4356/2020
1. Jagdish Prasad S/o Sh. Mangi Lal, R/o Seva, Tehsil
Maujamabad Distt. Jaipur, Raj.
2. Shriram S/o Lt. Sh. Girdhar Gopal, R/o Seva, Tehsil
Maujanmabad Distt. Jaipur, Raj.
3. Shyam Bihari S/o Lt. Sh. Mukut Bihari, R/o Seva, Tehsil
Maujanmabad Distt. Jaipur, Raj.
4. Sh. Kant S/o Lt. Sh. Mukut Bihari, R/o Seva, Tehsil
Maujanmabad Distt. Jaipur, Raj.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Thakur Laxlman Singh S/o Sh. Thakur Prithvi Singh, R/o
Seva, Tehsil Maujanmabad Distt. Jaipur, Raj.
3. Thakur Ranjeet Singh S/o Sh. Raguvir Singh, R/o Seva,
Tehsil Maujanmabad Distt. Jaipur, Raj.
4. Gopal Singh S/o Raguvir Singh, R/o Seva, Tehsil
Maujanmabad Distt. Jaipur, Raj.
5. Gupendra Singh S/o Thakur Ganga Singh, R/o Seva,
Tehsil Maujanmabad Distt. Jaipur, Raj.
----Respondents
For Petitioner(s) : Mr. Lokesh Kumar Sharma, Adv.
For Respondent(s) : Mr. Mangal Singh Saini, PP
Mr. Vimal Kumar Jain, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
ORDER RESERVED ON :: 08/04/2022
ORDER PRONOUNCED ON :: 22/04/2022
This Criminal Miscellaneous Petition under Section 482
Cr.P.C. has been filed by the petitioners against the order dated
03.09.2020 passed by learned Additional Sessions Judge, Dudu,
District Jaipur (for short "learned Revisional Court") whereby the
learned Revisional Court declined as also to invoke the jurisdiction
and to interfere in the order dated 27.07.2020 passed by the
learned Sub-Divisional Magistrate (SDM), Dudu, District Jaipur,
(2 of 4) [CRLMP-4356/2020]
whereby the SDM passed the order under Sections 145,146(1)
Cr.P.C and appointed Receiver directing to the Tehsildar Mozmabad
to take the Government land from the possession of Pujari and
maintained the status-quo, as it was existed, on that day. The
matter was pending for consideration before the learned ACJM, so,
the order passed, would be based on the order pending decision in
case No.66/2016, "titled as "Murti Bagvan Shri Gopalji Vs. District
Magistrate".
Learned counsel for the petitioners submits that the
disputed agriculture land is recorded in the name of Mafi Mandir
Shri Gopal Ji situated in village Seva, Tehsil Mozmabad. Learned
counsel for the petitioners further submits that the disputed land
is being cultivated by ancestors of the petitioners since long.
Learned counsel for the petitioners also submits that the private
respondents are creating hurdles on the peaceful possession of
the petitioners. Learned counsel for the petitioners further submits
that the private respondents are trying to dispossess the
petitioners from the year, 2016. The petitioners had filed a civil
suit for injunction before the learned Senior Civil Judge &
Additional Chief Judicial Magistrate, Dudu, Jaipur in which learned
Court below vide order dated 20.09.2016 directed the parties to
maintain status quo. Learned counsel for the petitioners also
submits that in spite of pending the civil suit, SDM, Dudu, Jaipur
wrongly initiated the proceedings under Sections 145 and 146(1)
Cr.P.C. Learned counsel for the petitioners also submits that the
said complaint was investigated by the concerned police officers in
which it was clearly stated that the petitioners are Pujaris and
they are cultivating the land. Learned counsel for the petitioners
further submits that order of the learned SDM is illegal. Learned
(3 of 4) [CRLMP-4356/2020]
counsel for the petitioners also submits that the learned SDM has
wrongly ordered to the Tehsildar Mozmabad for appointing
"Receiver" till final disposal of the civil suit. Learned counsel for
the petitioners further submitted that the petitioners had filed a
revision petition against the order of the learned SDM but learned
Revisional Court also erred in dismissing the revision petition.
Learned counsel for the petitioners also submits that the Apex
Court and various High Courts clearly stated that when a civil suit
is pending, proceedings under Sections 145 Cr.P.C. cannot be
initiated. So, orders passed by the learned SDM, Dudu, Jaipur as
well as learned Revisional Court be set-aside.
Learned counsel for the petitioners has placed reliance
on the following judgments; (1) Ram Sumer Puri Mahant, Vs.
State Of U.P. and others reported in AIR 1985 SC 472; (2)
Chatra Ram & Ors. Vs. State Of Rajasthan & Ors. Reported
in 1996 WLC Raj UC 161; (3) Mahant Ram Saran Das Vs.
Harish Mohan in Case No.794/2000 decided on 15.09.2000;
(4) Sahab Ram and Anr. Vs. State Of Rajasthan in S. B.
Criminal Revision Petition No.390/1994 decided on
01.11.2011 and (5) Jagdish Prasad & Anr. Vs. State Of
Rajasthan & Others in S. B. Criminal Miscellaneous Petition
No.665/2002 decided on 09.02.2009.
Learned counsel for the respondents has opposed the
arguments advanced by learned counsel for the petitioners and
submitted that the petitioners had filed a civil suit regarding
cancellation of document/s dated 09.09.2015. They had not filed
the civil suit with regard to title or declaration. So, proceedings
under Sections 145 and 146(1) Cr.P.C. have rightly been initiated
by the learned SDM, Dudu, Jaipur. Learned counsel for the
(4 of 4) [CRLMP-4356/2020]
respondents also submits that the petitioners are not maintaining
the temple. They are misusing income of the land which is to be
used for maintenance of the temple. So, written deed dated
09.09.2015 was executed and learned SDM, Dudu, Jaipur has
rightly ordered to appoint "Receiver". So, petition filed by the
petitioner be dismissed.
Learned counsel for the respondents has placed
reliance on the judgment passed by the Hon'ble Supreme Court in
Prakash Chand Sachdeva Vs. The State and another
reported in AIR 1994 SC 1436.
I have considered the arguments advanced by learned
counsel for the petitioners as well as learned counsel for the
respondents and perused the impugned orders.
Learned SDM, Dudu, Jaipur in its order clearly stated
that status-quo was ordered in the civil suit by the learned trial
Court and dispute regarding income from the land is pending
between the parties. So, learned Executive Magistrate has rightly
initiated the proceedings under Sections 145 and 146(1) Cr.P.C..
So, orders of learned Sub-Divisional Magistrate, Dudu, District
Jaipur as well as learned Revisional Court do not suffer from any
illegality or infirmity. Therefore, the present petition is devoid of
merits and liable to be dismissed.
Hence, this Criminal Miscellaneous Petition stands
dismissed.
Stay application also stands disposed of.
(NARENDRA SINGH DHADDHA),J
Gourav/95
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