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Bhanwar Kanwar vs. State of Rajasthan & Anr.

46.00 4.60

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Code of Criminal Procedure, 1973–Sec. 145–Order of attachment–Set aside by the revisional Court–Trial Court felt that there is a likelihood of disturbance of peace and harmony between the parties–Land was recorded in name of petitioner and respondent nos. 2 & 3 were having the possession over it–Simple observation of revisional Court that the trial Court failed to consider that the respondent nos. 2 & 3 were having the possession–Reason was given by the revisional Court is per se irrelevant and unsustainable–Provisions of Sec. 145 are meant to obviate the dispute between the parties and to maintain peace and harmony in the area–Impugned order is liable to be quashed and set aside.