DHARAM CHAND HANDA Vs. STATE AND ORS.

JUDGEMENT

(1.) THE petitioner, Mr. Dharam Chand Handa has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 read with Article 227 of the Constitution of India against order dated 11th September, 2006 dismissing his revision petition and affirming the order passed by the SDM dismissing his application/petition under Section 145/146 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code, for short).

(2.) LEARNED Counsel for the petitioner has submitted that the learned Additional Session Judge and the SDM have erred as they have not examined the question of possession, but have gone into the question of title of the property while adjudicating the application/petition under Section 145/146 of the Code. Learned Counsel for the petitioner has relied upon Shanti Kumar Panda v. Shakuntala Devi : (2004) 1 SCC 438 and Prakash Chand Sachdeva v. The State and Anr. : AIR 1994 SC 1436.

(3.) IT was in these circumstances that the petitioner had filed an application under Section 145/146 of the Code before the SDM stating, inter alia, that there was apprehension of breach of peace and the respondent No. 2 was illegally preventing the petitioner from entering the shed though as a partner of the partnership firm, the petitioner has right to possession of the shed.