CHOHAL SINGH Vs. STATE

JUDGEMENT

(1.) THIS petition has been filed under section 482 CrPC for quashing the order passed by the Executive Magistrate dated 18-10-1979 in proceedings under section 145 CrPC directing the Station Officer to get one fifth of the area demarcated at the spot with the help of the lekhpal in the presence of both the parties, as it appeared later after passing the preliminary order that the second party, namely, Chohal Singh petitioner was claiming possession only in one-fifth portion of the entire plot in respect of which preliminary order was passed. The police report which was submitted subsequently after the attachment also shows that Chohal Singh petitioner was claiming only one-fifth share in the entire plot. It is also the case of the first party Brijendrapal Singh, who is the opposite party in this petition, that the real dispute was with regard to one-fifth portion of the entire plot towards the east only and that the preliminary order was wrongly passed in respect of the entire area. According to these contentions of both the parties, it is clear that the actual dispute was in respect of one-fifth portion of the entire plot ouly, while the preliminary order was wrongly passed in respect of the entire area (consisting of plots nos. 515, 516 and 518.)

(2.) THE petitioner, however, felt aggrieved by the passing of this order by the learned Magistrate and went up in revision. THE revision was dismissed by the learned Additional Sessions Judge by his order dated 10-12-1979 mainly on the ground that it was an interlocutory order.

(3.) A copy of this order shall be supplied to learned counsel for both the parties on payment of usual charges within three days. Application dismissed.