1 S.B. CRIMINAL REVISION PETITION NO.1077/2007. (JAGDISH VS. STATE OF RAJASTHAN) DATE OF ORDER : 14.01.2008. HON'BLE MR. GOVIND MATHUR, J. Mr. Hemant Chaudhary for the petitioner. Mr. Narendra Moolchandani, Public Prosecutor. Mr. Pradeep Shah for the non-petitioner No.2. While acting upon the report given by Station House Officer, Police Station Nohar, the Sub Divisional Magistrate, Nohar by the order dated 25.09.2003 while exercising powers under sub-section (i) of Section 146 Cr.P.C. and made an order to attach the property in dispute and appointed Tehsildar, Nohar as Receiver. Being aggrieved by the same, a revision petition was filed before learned Additional Sessions Judge (Fast Track) No.2, Hanumangarh by respondent Shri Bhimsen and the same came to be disposed of by an order dated 11.09.2007. The learned Additional Sessions Judge held that as the possession over the property in dispute was with Bhimsen, therefore, no direction with regard to making attachment and appointing the Reciever could have been passed. I have examined the order impugned and also perused the order passed by the learned Magistrate. 2 As a matter of fact, the Magistrate after getting the report from the SHO, PS Nohar passed an order for attachment and appointing the Receiver and the issue with regard to the possession over the land in dispute is yet to be decided by holding an inquiry as provided under sub-section (4) of Section 145 Cr.P.C. In view of it, the order passed by the revisional court is erroneous on its face, the same, therefore, is quashed. Learned Sub Divisional Magistrate, Nohar is directed to decide the proceedings under Section 145 Cr.P.C. by making necessary inquiry within a period of three months from today. The Registry is directed to send a certified copy of this order to learned Sub Divisional Magistrate, Nohar forthwith. The revision petition is disposed of accordingly. (GOVIND MATHUR)J. Anil/