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2021 DAILYLAW 2425 (RAJ)

MUKESH S/O BALSWAROOP v. STATE OF RAJASTHAN

CRLMP/2294/2021 · 2026-03-23

Anoop Kumar Dhand

Transfer Petitionbody2021

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 2294/2021 Mukesh S/o Balswaroop, R/o Village Aroda, Tehsil Nadbai, District Bharatpur (Raj). ----Petitioner Versus 1. State of Rajasthan, Through P.P. 2. Gayatri Devi W/o Balswaroop, R/o Village Aroda, Tehsil Nadbai, District Bharatpur. 3. Vishnu S/o Balswaroop, R/o Village Aroda, Tehsil Nadbai, District Bharatpur. ----Respondents For Petitioner(s) : Mr. J.K. Moolchandani Mr. Hari Om Yadav For Respondent(s) : Mr. Vivek Choudhary-PP Mr. Deepak Parmar for Mr. N.K. Tiwari JUSTICE ANOOP KUMAR DHAND Order 23/03/2026 1. By way of filing the instant petition, a challenge has been led to the impugned order dated 15.01.2021 passed by the Court of the Sub Divisional Officer, Nadbai, Bharatpur by which the order impugned under Section 145 Cr.P.C. has been passed and a receiver has been appointed to protect the subject property and a further directions have been issued to Nayab Tehsildar, Lakhanpur to take the possession of the subject land and make arrangements for deposition of the amount so collected from cultivation of the subject land before the Competent Court of law. (2 of 3) [CRLMP-2294/2021] 2. Aggrieved by the aforesaid order, the petitioner approached the Revisional Court i.e. the Court of the Special Judge, Dacoity Affected Area, Bharatpur by way of filing a revision petition, however, the same was rejected vide order dated 09.03.2021 by upholding the order passed by the Court of the Sub Divisional Officer. 3. In the considered opinion of this Court, in order to prevent any dangerous situation between the parties and to avoid the occurrence of any untoward incident, the property has been protected by passing appropriate orders for appointment of a receiver. 4. At this stage, counsel submits that several cases are pending between the parties with regard to the subject land wherein interim orders have been passed in favour of the petitioner and in order to frustrate these proceedings and to keep them pending, the instant proceedings have been initiated under Section 145 Cr.P.C. 5. In the considered opinion of this Court, in order to avoid any untoward incident happening between the parties and to protect the subject land, the interim orders have been passed by which a receiver has been appointed and the main proceedings under Section 145 Cr.P.C. are still lying pending before the Court of the Sub Divisional Officer at the stage of recording of the evidence. 6. The petitioner would be at liberty to make all these submissions before the SDO by way of filing appropriate documents in support of his contentions. In case, such documents are submitted before the SDO by the petitioner and the respondents, it is expected from the concerned authority to pass (3 of 3) [CRLMP-2294/2021] appropriate orders by way of deciding the main matter finally, expeditiously, as early as possible, preferably within a period of three months from the date of receipt of the certified copy of this order. The reasons for issuing such direction is that the main matter is lying pending since last more than eight years i.e. 2018 and it is not expected from the SDO to keep the matter pending for indefinite period, the final orders are required to be passed, hence under such circumstances, these directions have been issued in the interest of both the parties. 7. Accordingly, the present petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Ashu/6