JANGIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This application is filed to quash the proceedings pending under Sections 145, 146, Code Criminal Procedure before the Sub Divisional Magistrate, Sangrur. There is no dispute of the fact that by judgment dated 10.4.1995, Civil Court namely Addl. Sr. Sub Judge, Sunam, found the petitioners to be in possession of the suit land namely Jangir Singh in Khasra Nos. 38/16, 25, 39/17/2, 18, 19, 20, 21, 22, 53/1, 2, 6/2, 7, 8, 9, 10, 13, 14/1, 6, 54/5/2, 6/2, 63/14/2, 15, 16, 17, 23, 24, 25/1, 26, 64/20 and 341 situated in village Dhandoli Kalan. It is also noticed from the judgment that respondents namely defendants 2 & 3 namely Jaswinder Kaur and Gurpreet Singh are entitled to 67/112 share in the suit land and that the Judgment shall not preclude them from taking possession of their share by moving an application before the revenue Court.

(2.) When the civil court found the possession of a party, the Executing Magistrate is bound by the said finding in the proceedings initiated under Sec. 145 Criminal Procedure Code. He cannot go beyond the Civil Court decree. It may be mentioned at this stage that the civil court's decree has become final. Since in appeal, the judgment of Addl. Sr. Judge, Sunam has been affirmed. In view of the findings that the petitioner has been in possession of Khasra Nos. mentioned above, Sub Divisional Judicial Magistrate cannot pass any orders under Sections 145, 146 Code Criminal Procedure contrary to the orders of the Civil Court. He has to protect the possession of the party who has been found in possession by the Civil Court. With regard to the proceedings relating to any other Khasra Nos., it open to the S.D.M. to proceed in respect of those Khasra Nos. under section 145. So far as the above-mentioned Khasra Nos. are concerned, the Sub Divisional Magistrate cannot proceed with.

(3.) Accordingly, this application is disposed of with a direction to the Sub Divisional Magistrate to drop the proceedings in respect of the land comprising in aforementioned khasra Nos. directing the other party to get their land- partitioned by meets and bounds in the revenue court. Orders accordingly.