BALWINDER SINGH Vs. JATINDER SINGH

JUDGEMENT

(1.) By way of filing the present petition under Section 482 Cr.P.C, petitioner Balwinder Singh seeks quashing of order dated 18.1.2020 passed by Additional Sessions Judge, Moga vide which revision petition filed by Jatinder Singh, Rupinder Singh and Narinder Kaur had been allowed and order dated 26.7.2019 passed by Sub Divisional Magistrate, Moga initiating proceedings under Section 145 Cr.P.C. qua the disputed land had been set aside.

(2.) Briefly stated, facts of the case are that SHO, Police Station City, Moga vide report No.17 dated 13.12.2018 had presented a Kalendera (Calender) for initiating proceedings under Section 145 Cr.P.C. contending therein that Balwinder Singh had submitted a complaint against Jatinder Singh, Rupinder Singh sons of Baldev Singh contending that the parties had joint land in Khasra No.54//53(6-16) situated in the revenue estate of Moga Mehal Singh - 1, Dosanj Road, Moga; they have been using the portions allotted to them in oral partition; on the intervening night of 21/22.11.2018, accused pulled down the structure situated in the land in question and took away the bricks, which were jointly owned by the complainant and accused and the accused affixed a shutter at that site; this was so done by the accused in order to take possession of the land of complainant and Ajmer Singh; therefore necessary action be taken against the persons for demolishing joint wall and take of bricks.

(3.) On receipt of complaint, SHO concerned summoned both the parties and asked them to produce site plans and photocopies of jamabandies. It was found that Balwinder Singh, Ajmer Singh and Baldev Singh were owners in possession of 90/1224 share in Khewat No.1411 Khatoni No.1628 Khasra No.54//53(6-16) and the total area comes out to 0 Kanal 10 marlas. In that very khewat Balwinder Singh son of Ujjagar Singh was found to be separately owner of 13/1224 share to the extent of 1 marla 4 sarsahi, Ajmer Singh son of Ujjagar Singh was owner of 52/3564 to the extent of 2 marla 8 sarsahi out of total land measuring 9 kanals 18 marlas comprised in Khewat No.69 khatoni No.79, khasra No. 129. It was found that both the co-sharers owned 1 marla 4 sarsahi each but they were stretching their boundaries. The parties were advised to get their shares partitioned from the revenue department but to no effect. During the proceedings it came out that a suit for partition of the joint land was pending adjudication before Civil Court, therefore, Sub Divisional Magistrate, Moga initiated proceedings under Section 145 Cr.P.C. Tehsilder, Moga was appointed as a Receiver under Section 146 Cr.P.C. with a direction to take possession of the shops in the land in question.