RAJABETI SAKHWAR Vs. DARSHANLAL SAKHWAR

JUDGEMENT

(1.) This application under Section 482 of CrPC has been filed for quashment of proceedings initiated under Section 145 of CrPC registered as Case No. 121/145x21 pending in the Court of Sub-Divisional Magistrate, Mehgaon, District Bhind.

(2.) It is the case of the applicants that police Gormi District Bhind has presented Istgasa No.01/21 under Section 145 before the Court of SDM, Mehgaon, District Bhind on the allegation that the applicants are owner and in possession of land bearing Survey No. 305/09, 306/04 and 306/1 situated in village Gormi District Bhind and the respondent No. 2 are claiming ownership pleading that they are Maurushi Krishak and in possession of the said land. Since both the parties are claiming their possession over the said land, therefore, there is possibility of breach. Accordingly, 26 bags of mustard were also seized.

(3.) It is the case of the applicants that the applicants had harvested the mustard crops standing over the land in question and the same was kept in the field. However, the respondent No. 8 in connivance of the authorities and the private respondents unauthorizedly took away the said mustard crop and kept in the Police Station without obtaining the order of the SDO. It is also contended that the applicants have submitted an application before the Superintendent of Police, Bhind for return of the said mustard crops. However, no heed has been paid.