NIADAR Vs. STATE

JUDGEMENT

(1.) This is a reference by the learned Additional Sessions Judge, Delhi (Shri D.K.Khanna) that the attachment of harvested crops may be quashed as, in his vitw, section 145 of the Criminal Procedure Code is not applicable. I' does not appeal from the order, not from the records of the case, as to when actually the dispute arose in this case, all that is known is that the crops were attached on April 10, 1970 on which date the concerned parties appear to have been arrested probably as a consequence of proceedings under section 107 of the Criminal Procedure Code. The date of the preliminary order was 29th April 1970.

(2.) . It is, however, stated to me at the Bar by the learned counsel for Fateh Singh that the dispute commenced on 6th April, 1970. In view of the facthat there appears to have been no inquiry regarding this aspect of the matter it seems inappropriate to say anything more about this on a reference by the learned Additional Sessions Judge.

(3.) . The facts mentioned in the reference are that Fateh Singh moved the Court under s. 145, Criminal Procedure Code, against Niadar on 23rd April, 1970 that he was in cultivating possession of the land in dispute and that Niadar was trying to take forcible possession of the same He had also instituted a suit in the Court of the Subordinate Judge first class, Delhi, (Mr. M,S. Sain) and obtained an interim injunction against Niadar restraining him from taking possession of the land. It was further alleged that inspite of the said injunction Niadar was out to cause breach of the peace and that the local police was colluding with him. Fateh Singh had also commenced proceedings under sections 107/151, Criminal Procedure Code, against Niadar and 13 others.