BALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IT is the claim of the petitioners that the parties are co-sharers in land in question and, therefore, no proceedings under Sections 145 and 146 of the Code of Criminal Procedure could have been initiated. Apart from that, it is not disputed that the second civil suit is pending with regard to the same land. The dispute, however, raised by Mr. Mukhtiar Singh is to the effect that the suit which has been filed by the petitioners pertains only to construction of building and does not relate to land-in- dispute. Mr. Punia, on the other hand, submitted that the suit filed by the petitioners pertains very much to the land-in-question. He further submits that the respondents are wrongly claiming to be tenants on the suit land only to defeat the present petition. He has pointed out to the civil suit filed by the respondents, attached as Annexure P.8 to the petition, to show that the respondents have already taken necessary proceedings to protect their possession over the land.

(2.) I have heard the counsel for the parties at length.

(3.) IN view of the above, the petition is allowed. The proceedings pending before the Sub Divisional Magistrate, Malerkotla-respondent No. 2 as also the consequential impugned orders passed by the Sub Divisional Magistrate, Malerkotla are hereby quashed. No costs. Petition allowed.