SB Cr. Misc. Petition No.561/2004 Dharma Ram & Ors. Vs. State & Ors. { 1 } S.B. Cr. Misc. Petition No.561/2004 Dharma Ram & Ors. vs State of Rajasthan & Ors. DATE OF ORDER : - 8.7.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.SD Rajpurohit, for the petitioner. Mr. Farzand Ali, for the respondent. Mr. Vijay Purohit, for the respondent Mr. VR Mehta, PP. <><><> Heard learned counsel for the parties. The learned Sub Divisional Magistrate, Sumerpur in proceedings under Section 145 and 146 Cr.P.C. by registering a case no.12/2004 by order dated 12th July, 2004 appointed receiver for the agricultural land of Khasra number mentioned in the order dated 12th July, 2004. The said order was challenged by preferring this petition under Section 482 Cr.P.C. wherein interim order was passed on 27th July, 2004 staying the operation of order dated 12th July, 2004. Four years have passed and according to learned counsel for the parties the possession of the property has not been taken by the receiver in pursuance of the said order dated 12th July, 2004. Learned counsel for the petitioners submitted SB Cr. Misc. Petition No.561/2004 Dharma Ram & Ors. Vs. State & Ors. { 2 } that the regular suit has already been decided by the trial court determining the rights of the parties and an appeal against that order has also been decided by the first appellate court and the matter is sub-judice before the Board of Revenue. In view of the facts mentioned above, it is clear that the property in question is not under attachment and is not in possession of the receiver and no incident because of any dispute for the actual physical possession has been reported during this period. The proceedings under Section 145 Cr.P.C. is a proceeding of special nature, which decides only question of actual physical possession on relevant date and not decides any right, title or interest of the parties and this interim measure is required to be taken to control the law and order situation and the parties may not decide the question of possession on the basis of their might. In totality, there appears to be no reason for continuing of proceedings under Section 145/146 Cr.P.C. in view of the above facts and circumstances. In view of the above reasons, this misc petition is allowed and the order dated 12th July, SB Cr. Misc. Petition No.561/2004 Dharma Ram & Ors. Vs. State & Ors. { 3 } 2004 is set aside and the proceedings under Section 145 Cr.P.C. itself are dropped. The notices issued to the non – petitioner no.3 is withdrawn. (PRAKASH TATIA), J. c.p.Goyal/-