1 S. B. CRIMINAL MISC. PETITION NO.1091/2008 HAJARI RAM V. TIKU RAM & OTHERS. DATE: 08/09/2008. HON'BLE MR. JUSTICE C. M. TOTLA Mr. Basti Chand Bansali, for Petitioner (s). On a report of SHO, Dungargarh, SDM initiating proceedings undler Sections 145 and 146, Cr.P.C., attached agriculture land No.526 and Tehsildar appointed receiver – by revisional court order of Sessions Judge, Bikaner dated 07.07.2008, above order of attachment dated 11.06.2008 set aside. By way of this petition, above order dated 07.07.2008 setting aside attachment is assailed. Contended that finding of revisional court to the effect that procedure laid down is not followed – is erroneous and other findings are also erroneous. Contended that SHO has inquired the matter and and on whose report and on an apprehension of breach of peace, proceedings initiated and attachment made – order dated 07.07.2008 defeats the very purpose of proceedings. In support of contention, reliance is placed on 2008 WLC (Raj.) UC P.27, Gurdeep v. State. Considered and perused the orders. As per the report of SHO presented on June 11th, FIR No.253/2008 registered for the offences of Sections 447, 379 and 143, IPC, investigated and in course of investigation, it is found that out of 18 2 bighas of land, about 4-1/2 bighas is encroached upon by the neighbouring persons and is a dispute about the construction of house of the said persons that the concerned persons have either encroached or are trying to encroach which may also result in breach of peace. It is not denied that if necessary and if reasonable apprehensions and other elements exist, then, as per procedure, proceedings under Section 145, Cr.P.C., and attachment can be afresh. Order of the learned Sessions Judge is quote elaborated and he has also mentioned as how the procedure has not been followed, so this petition under Section 482, Cr.P.C., is not maintainable. Concerned persons shall be at liberty to take the recourse as per provisions of law. The petition is rejected. (C. M. TOTLA), J. scd