DES RAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of the Order dated 23.07.2007 passed by the Sub Divisional Magistrate, Dera Bassi (Annexure P-4) and the judgement dated 13.01.2009 passed by the Additional Sessions Judge Patiala (Annexure P-9).

(2.) Facts of the case, in brief, are that the Sub Divisional Magistrate, Derra Bassi vide order dated 27.06.2007 initiated proceedings under Section 145 of the Code of Criminal Procedure and appointed Receiver under Section 146 Cr. P.C. with regard to the land measuring 2 bighas and 10 biswas (49 biswas), compromised in Khasra Nos. 260, 261, 262, 263 and 226, situated in the revenue limits of Village Vaka Mauja, Village Fatehpur Jattan, Tehsil Dera Bassi. Thereafter, the aforesaid order dated 27.06.2007 was withdrawn vide order dated 23.07.2007 (P4) when it was acknowledged that there was an interim order dated 13.01.2007 passed by the Civil Court, Rajpura, granting stay with regard to the khasra Nos. 260,261,262,263 and 226. By the same order i.e. 23.07.2007, Sub Divisional Magistrate, Dera Bassi, initiated the proceedings under Section 145 Cr.P.C. qua the land comprised in Khasra Nos. 224 and 225, situated in the revenue limits of Mauja, Village Fatehpur Jattan, Tehsil Derabasi. Thereafter, the present petitioner filed a revision petition in the Court of learned Additional Sessions Judge, Patiala against the aforesaid order dated 23.07.2007 passed by the Sub Divisional Magistrate, Dera Bassi. The Additional Sessions Judge, Vide judgement dated 13.01.2009, dismissed the revision petition being not maintainable by observing as under:-

(3.) Accordingly, the present revision petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the Order dated 23.07.2007 passed by the Sub Divisional Magistrate, Dera Bassi (Annexure P-4) and the judgement dated 13.01.2009 passed by the Additional Sessions Judge Patiala (Annexure P-9).