Rajasthan High Court - Jodhpur
Deepak Gupta vs State And Anr on 10 July, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:29168]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Revision Petition No. 106/2018
Deepak Gupta S/o Shri Vijay Kumar, B/c Agrawal, Resident Of
218, Vinoba Basti, Sri Ganganagar.
----Petitioner
Versus
1. The State Of Rajasthan Through Public Prosecutor
2. Sita Devi W/o Late Shri Krishna Lal, B/c Jat, Resident Of
Chak 6-E, Choti, Sri Ganganagar.
----Respondents
For Petitioner(s) : Mr. Rajendra Charan
For Respondent(s) : Mr. Sunil Mehta
Mr. Sri Ram Chaudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
Judgment Reserved On : 15/04/2025
Judgment Pronounced On : 10/07/2025
1. The instant criminal revision petition has been preferred by
the petitioner against the order dated 16.12.2017 passed by the
learned Additional Sessions Judge No. 1, Sriganganagar in
Criminal Revision No. 52/2016 whereby the revision petition was
allowed and order dated 13.04.2016 passed by learned Sub-
Divisional Magistrate, Sriganganagar in Criminal Case No. 71/2009
was set aside whereby the possession of the said plot was handed
over to the petitioner.
2. Briefly stating the facts of the case are that the SHO, Police
Station Sadar, Sri Ganganagar, submitted a complaint under
Section 145 Cr.P.C. regarding a land dispute concerning a plot
[2025:RJ-JD:29168] (2 of 3) [CRLR-106/2018]
measuring 20x60 located at Chak 6-E Choti, citing apprehension
of breach of peace due to tension between the parties.
Consequently, proceedings were initiated, and notices were issued
to both parties to produce relevant documents. Vide order dated
14.09.2009, the learned SDM decided the matter against
Respondent No. 2, which was affirmed by the Revisional Court on
08.02.2010. The said orders were challenged before this Court,
which remanded the matter for fresh adjudication based on
evidence. Both parties appeared before the SDM and led their
evidence, following which the SDM appointed a receiver on
16.12.2013. This order was again set aside, and the matter was
remanded. After fresh notices and a full hearing, the SDM passed
an order on 13.04.2016 in favor of the petitioner, and possession
was handed over accordingly. Aggrieved by this, Respondent No. 2
preferred a revision, which was allowed by the Revisional Court
vide order dated 16.12.2017, remanding the matter again for
fresh consideration. The petitioner, being aggrieved by this
remand order, has preferred the present revision petition.
3. Heard learned counsels appearing on behalf of the parties
and learned Additional Government Advocate for the State as well
as perused the orders passed by the courts below and material
available on record.
4. Upon perusal of the material available on record, it is
evident that learned SDM erred in proceeding beyond the scope of
Section 145 Cr.P.C. by assessing the ownership and validity of
documents rather than determining actual possession on the date
of dispute. The focus in such proceedings is confined to identifying
[2025:RJ-JD:29168] (3 of 3) [CRLR-106/2018]
which party was in possession or was wrongfully dispossessed.
The learned SDM's reliance on virtual possession and documentary
strength, without a clear finding on actual possession, renders the
impugned order legally unsustainable. Therefore, in the interest of
justice, the Revisional Court remanded the matter back for fresh
consideration strictly on the question of possession, based on
evidence on record, within the framework of Section 145 Cr.P.C.
and directed that the question of possession must be decided
within the period of 6 months.
5. In view of the above, this Court finds it appropriate to uphold
the order passed by the Additional Sessions Judge No. 1,
Sriganganagar. As directed in the revisional court's order, the
matter is remanded back to the learned SDM, who shall decide
the question of possession within six months from the date of
receipt of a copy of this order.
6. Accordingly, the instant petition is dismissed.
7. Stay petition stands disposed of.
(FARJAND ALI),J
72 mamta/-
Powered by TCPDF (www.tcpdf.org)
