NAHAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is being disposed of separately and stands detached from R.S.A. Nos. 662 and 1184 of 1994.

(2.) NAHAR Singh, petitioner, has filed the present petition under Section 482, Cr.P.C. against the respondents for the quashment of the Kalandra filed by the S.H.O., Police Station, Raikot, Distt. Ludhiana (Respondent No. 3) under Section 145, Cr.P.C. along with the order of the S.D.M., Raikot dated 7.2.2000, Annexure P-10, and all proceedings taken in pursuance of the order dated 20.12.1999 pending before the S.D.M., Raikot.

(3.) NOTICE of the petition was given to the respondents. Respondents 1 to 4 have filed one set of written statement and the State has tried to justify the proceedings under Section 145, Cr.P.C. For our purposes, the stand taken up by respondents 5 and 6 in their written statement is relevant. According to this written statement, the land in dispute was being cultivated by Niranjan Singh till his death with the help of all the three brothers and after his death, this land is being cultivated jointly as they had inherited the tenancy rights of their father.