Order
21/07/2025
1. The instant Criminal Miscellaneous Petition under Section
528 of the BNSS has been preferred by the petitioner, seeking a
direction to Respondent No.2 for expeditious disposal of the
proceedings pending under Sections 145 and 146 of the CrPC
since the year 1995.
2. Briefly stating the facts of the case are that the present
petition arises from proceedings initiated under Sections 145 and
146 of the Cr.P.C. on the basis of a complaint filed by the SHO,
Police Station Kotgate, Bikaner on 27.09.1995, alleging that two
rival parties were claiming possession over Satasar House, leading
to apprehension of breach of peace. Pursuant thereto, the learned
Magistrate ordered attachment of a portion of the property and
appointed the SHO as a receiver. Certain parts of the property,
including the portion occupied by the petitioner and one rented to
the ACB office, were initially excluded from attachment but were
[2025:RJ-JD:33299] (2 of 9) [CRLMP-5710/2025]
later attached by order dated 05.08.2014. Though this order was
challenged up to the High Court, which directed the Magistrate to
decide the matter within three months, the proceedings have
remained pending for nearly 30 years. A recent report by the SHO
now confirms that there is no likelihood of breach of peace, yet
the matter has not been concluded.
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