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Bhanwar Lal vs. State of Rajasthan & Anr.

52.00 5.20

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Code of Criminal Procedure, 1973–Secs. 145 [Corresponding Sec. 164 of BNSS, 2023]–Restoration of possession–Order of–Set aside by the Revisional Court–Justification–No incident of bloodshed or breach of peace has occurred in regard to taking the forcefully possession–Initiation of proceedings u/ss. 145 & 146 was unwarranted–Furthermore, if the land in question belongs to a private individual, then passing an order that fails to specify the duration for which the property shall remain in police custody renders the direction ex-facie illegal, vague and unsustainable–No civil or revenue litigation between the parties–SDM rightly restored the possession of the petitioner–Impugned order passed by Revisional Court is liable to be quashed and set aside.