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Surendra Pal Beniwal vs. State of Rajasthan & Anr.

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Bharatiya Nagarik Suraksha Sanhita, 2023–Sec. 164 [Corresponding Sec. 145 of Cr.P.C., 1973]–Remand of the case by the Revisional Court–Appreciation of–The order of SDM failed to record the essential satisfaction as regards the imminent breach of peace and did not provide a cogent explanation for the appointment of a receiver u/ss. 164 & 165–This omission is not a mere formal lapse but a substantial flaw that renders the SDM’s order legally untenable–Held, no case is made out for interference with the order of remand.