IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Misc. Petition No.2000/2008 S.B. Criminal Misc. Stay Application No. 1304/2008 (Roopbasant & Others Versus State of Rajasthan & Others) Date of Order :: 7th July, 2011 HON'BLE MR. JUSTICE MAHESH BHAGWATI Mr. Manish Gupta, Counsel for the petitioners Mr. Girish Khandelwal, Counsel for the respondents BY THE COURT:
Challenge in this Criminal Misc. Petition is to the order dated 22.9.2008 rendered by Additional Sessions Judge, Laxmangarh, District Alwar in Criminal Revision Petition No. 31/2008, whereby he dismissed the criminal revision filed by the petitioner and uphold the order dated 19.7.2008 passed by Sub District Magistrate, Laxmangarh, District Alwar attaching the property situated in village Samli Dilawar and appointing SHO, Govindgarh to be the receiver over the disputed property.
Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that Party No. 1 Amarchand stated before the court that the property in disputed is ancestral property. His nephew Pokhardas was ploughing the field and when Amarchand and other members went to plough the field, Pokhardas quarreled and gave threatening. No rebuttal had been adduced by the party no. 2 with regard to the averment made by the party no.1. It is further noticed that as per the Commissioner’s report dated 7.9.2006, there was every likelihood of quarrel in between both parties.
In view of the above facts and circumstances emerging on record, the learned revisional court is found to have rightly dismissed the revision petition and affirmed the order of the trial court.
I do not find any infirmity in both the orders of the court below and the misc. petition filed by the petitioner under Section 482 of CrPC being bereft of any merit deserves to be dismissed, which stands dismissed.
Consequent upon the dismissal of criminal misc. petition, the stay application, filed therewith, does not survive and that also stands dismissed.
(MAHESH BHAGWATI),J.
DK/-