HARPREET KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition under Section 482 Cr.P.C. is for quashing of Calendar dated 20.10.2019, under Section 145 Cr.P.C., Police Station Bilga, District Jalandhar (Rural), restraining the petitioners from cutting the paddy crop and appointment of the Naib-Tehsildar as receiver without issuing notices and without inviting objections.

(2.) Petitioner-Harpreet Kaur alongwith her minor children has approached this Court for quashing of the proceedings under Section 145 Cr.P.C. on the ground that one Santokh Singh son of Jagat Singh had vide lease deed dated 6.9.2018 leased out his land and land of his extended family measuring 50 kanal 6 marla 5 sarsai for 5 years, w.e.f. 01.09.2018 to 31.08.2023 @ Rs. 27000/- per acre. The agreement was duly witnessed and the amount of Rs. 3,20,625/- was also received. Since there was a fear in the mind of petitioner-Harpreet Kaur that she might be uprooted midway, a suit for permanent injunction restraining the defendants from dispossessing the plaintiff (petitioner No. 1 herein) illegally and forcibly was filed. In the said suit, though the interim injunction had been declined by the learned trial Court, yet petitioner-Harpreet Kaur has filed an appeal against the said order, which is pending.

(3.) When the lessor(s) tried to take forcible possession of the leased out land and the house, petitioner No. 1 made a complaint on the basis whereof, FIR No. 47 dated 10.07.2019 under Sections 323, 324, 148, 149 and 120-B IPC was registered at Police Station Bilga, Jalandhar Rural, against lessors and other co-accused. One of the lessors, namely, Mohinder Kaur, moved an application dated 01.10.2019 to the police regarding non-payment of lease money for the last two and half years by petitioner-Harpreet Kaur.