Resident Of Village Buchpuri Tehsil Raini, District Alwar v. State of Rajasthan, Through Public Prosecutor

Judgment

1. State of Rajasthan, Through Public Prosecutor. ----Respondent

2. Dhandhu S/o Chanda, Aged About 50 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

3. Shivram S/o Shyosahaya, Aged About 48 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

4. Khemraj S/o Chanda, Aged About 40 Years, Resident Of [2025:RJ-JP:2677] (2 of 6) [CRLMP-14/2025] Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

5. Jamuri D/o Dhanna, Aged About 65 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

6. Dharmendra Kumar S/o Sukhram, Aged About 26 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

7. Natiram S/o Dhanna, Aged About 65 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

8. Nangi D/o Vishram, Aged About 29 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

9. Phoolchand S/o Dhanna, Aged About 55 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

10. Bachchi D/o Dhanna, Aged About 48 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

11. Hardayal S/o Dhanna, Aged About 68 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

12. Rekha D/o Ramkishan, Aged About 28 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

13. Narayan S/o Ramkishan, Aged About 26 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

14. Lahri Ram S/o Badri, Aged About 60 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

15. Moolchand S/o Badri, Aged About 65 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

16. Tarachand S/o Chiranji, Aged About 51 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.). [2025:RJ-JP:2677] (3 of 6) [CRLMP-14/2025]

17. Kailashi W/o Late Banwari, Aged About 60 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

18. Dinesh S/o Late Banwari, Aged About 30 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

19. Ghanshyam S/o Ramdayal, Aged About 75 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

20. Sukhbai D/o Chiranji, Aged About 40 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

21. Sushila D/o Chiranji, Aged About 38 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

22. Gopal S/o Late Ramphool, Aged About 60 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

23. Ramesh S/o Late Ramphool, Aged About 55 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

24. Bhagirath S/o Maidaram, Aged About 38 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.). ----Revisioner

25. Gallo Devi D/o Bhambal Meena, W/o Khushiram, Aged About 50 Years, Resident Of Village Govindpura Tehsil Kathumar, District Alwar (Raj.). ----Complainant-Non-Revisioner

26. Station House Officer, Police Station Raini, District Alwar (Raj.).

27. Sub-District Magistrate Raini, Tehsil Raini District Alwar (Raj.). ----Party No.-2-Non-Revisioner

28. Kamala Devi D/o Kajod, Aged About 62 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

29. Chhotelal S/o Kajod, Aged About 55 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar [2025:RJ-JP:2677] (4 of 6) [CRLMP-14/2025] (Raj.).

30. Chhoti D/o Bhambal, Aged About 45 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

31. Jagni S/o Bhambal, Aged About 70 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

32. Papita Devi W/o Chhotelal, Aged About 40 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

33. Prem D/o Bhambal, Aged About 38 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

34. Ramkhilari S/o Kajod, Aged About 55 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

35. Santo D/o Bhambal, Aged About 55 Years, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

36. Mahendra S/o Budharam, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

37. Nitesh Kumar S/o Budharam, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.).

38. Teejo W/o Budharam, Resident Of Village Ramnagar, Jamdoli Tehsil Raini, District Alwar (Raj.). ----Non Performa-Non-Revisioner For Petitioner(s)

: Mr.Shiv Lal Meena For Respondent(s) : Mr.Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 20/01/2025

1. A challenge has been made to the impugned order dated

08.11.2024 passed by the Additional Sessions Judge, Rajgarh, [2025:RJ-JP:2677] (5 of 6) [CRLMP-14/2025] District Alwar in Criminal Revision Petition No.83/2024 by which the order dated 03.07.2024 passed by the Sub-Divisional Magistrate, Raini, District Alwar, has been quashed and set aside and the matter has been remitted to the Sub-Divisional Magistrate to decide the case afresh, after affording due opportunity of hearing to all the respective parties.

2. Learned counsel for the petitioners submits that the respondent Nos.2 to 24 herein do not have any concern whatsoever with the property in question and in fact the dispute was between the present petitioners, who were party No.2, and the respondent No.25, who was party No.1, before the Court of Sub-Divisional Magistrate, Raini, Dsitrict Alwar, where the criminal complaint under Section 145 Cr.P.C. was submitted against the petitioner by the respondent No.25 and during pendency of the said complaint, the order dated 03.07.2024 was passed under Section 146 Cr.P.C. whereby the land in question was attached and the S.H.O. Police Station Raini, District Alwar was appointed as Receiver.

3. Counsel submits that overlooking the material aspect of the matter that the respondent Nos.2 to 24 are not having any concern whatsoever with the dispute between the party Nos.1 and 2, a revision petition was submitted by them before the Court of the Additional Sessions Judge, Rajgarh assailing the order dated

03.07.2024 passed by the Sub-Divisional Magistrate, Raini, District Alwar. The Additional Sessions Judge vide order dated

08.11.2024 partly allowed, the revision petition filed by the respondent Nos.2 to 24 herein and passed the order as observed [2025:RJ-JP:2677] (6 of 6) [CRLMP-14/2025] above. Hence, under these circumstances, interference of this Court is warranted.

4. Heard and considered the submissions made at Bar and perused the material available on the record.

5. Perusal of the record indicates that the respondent Nos.1 to 25 are claiming their right, title and interest over the property in question for which the proceedings under Sections 145 & 146 Cr.P.C. have been initiated and orders have been passed. The learned Revisional Court has not passed any order on merits affecting the right of either of the parties. The matter has simply been remanded back to the Sub-Divisional Magistrate to pass fresh orders, after affording due opportunity of hearing to all the respective parties, including respondent Nos.1 to 24.

6. This Court finds no illegality in the aforesaid order, hence under these circumstances, interference of this Court is not warranted.

7. However, looking to the controversy involved in the petition, it is expected from the Sub-Divisional Magistrate to speed up the proceedings and make all possible endeavours to decide the pending matter and pass appropriate order, after affording due opportunity of hearing to all the respective parties expeditiously, as early as possible, strictly in accordance with law. (ANOOP KUMAR DHAND),J Aayush Sharma/28