SNTOKH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 482, Code of Criminal Procedure, has been filed for quashing of order dated 18.4.2008 (Annexure P- 3), passed by the Sub Divisional Magistrate, Khadoor Sahib, District Tarn Taran, initiating proceedings under Sections 145/146(1), Code of Criminal Procedure. Challenge is also to order dated 23.3.2009 (Annexure P-5), passed by the revisional Court; namely, Additional Sessions Judge, Tarn Taran, whereby the revision filed by the petitioner has been dismissed.

(2.) Vide order (Annexure P-3), the Magistrate has recorded his satisfaction that there is strong apprehension of breach of peace regarding dispute between the parties, in relation to possession of land. The conclusion has been drawn on the basis of a report furnished by the police to the effect that serious offence might be committed, leading to loss of life. It has further been noticed that when the matter came up for hearing on 17.4.2008 before the Magistrate, the parties were present in person. The supporters of party No. 2-Santokh Singh engaged in heated arguments with party No. 1-Patwant Kaur and her representatives. They did not even hesitate to quarrel and give threats in the presence of the Presiding Officer. Police officials had to be called to control the situation so that no physical harm or injury was caused.

(3.) A revision was carried, which has been dismissed vide order (Annexure P-5), on the ground that it was not maintainable.