SARDARI LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, for quashing a preliminary order dated 14-4-1980 passed by the Sub Divisional Magistrate, Batala, in proceedings under Section 145, Cr. P. C. This petition is listed at the notice of motion stage, but since I have heard the parties' counsel at length, it would be expedient to dispose it of finally, in the peculiar facts and circumstances.

(2.) A parcel of land measuring 10 acres, fully described in the petition, situated in village Puranawala, Tehsil Batala, District Gurdaspur, has, for the moment standing ripe wheat crop due for harvesting. Sardari Lal, petitioner No. 1, and his General Attorney, Raghbir Singh, petitioner No. 2, claim to be in possession of the said land and to have sown the standing wheat crop. On the other hand, respondents Nos. 3 to 8 being Kishan Singh and his five sons, claim to be in possession of the said land and the standing crop. It appears that Shri G. S. Multani, P. C. S. Sub Divisional Magistrate, Batala, suo motu passed a preliminary order under Section 145 (1), Cr. P. C. in the following terms: It has come to my notice that there is some dispute over land in village Puranawala between Kishan Singh on the one hand and Sardari Lal on the other hand and, therefore, is likelihood of breach of peace. The S. H. O. , Police Station, Dera Baba Nanak, should visit the spot and see if any security measures are required to be taken and take necessary action Under Section. 145, Cr. P. C. If there is likelihood of any breach over the cutting of the crop, action may also be taken to get the crop attached. " The aforesaid order, being adequately suggestive, attracted a regular complaint under Section 145, Cr. P. C. from the S. H. O. Police Station Dera Baba Nanak arraying Kishan Singh and his five sons as the first party, and Sardari Lal and his General Attorney as the second party, to a dispute over the said land Under Section. 145, Cr. P. C. The S. H. O. conveyed that proceedings under Section 145, Cr. P. C. be initiated against both the parties. Proceedings under Secs. 107/151, Cr. P. C. were also contemplated against them. He also suggested that the ripened wheat be attached and Receiver be appointed. On that report, the Sub-Divisional Magistrate passed a second preliminary order under Section 145, Cr. P. C. which is to the following effect:

(3.) APPARENTLY, there is no challenge to the first preliminary order passed by the Sub Divisional Magistrate, on 10-4-1980, and rightly so, because that is hardly any order within the spirit of Section 145 (1) Cr. P. C. Challenge is to the second order which can safely be bifurcated parawise as it purports to pertain to the various sections seemingly employed to pass it. The first paragraph records satisfaction, that there is likelihood of breach of peace in relation to a dispute concerning land. The second paragraph contains order under Section 145 (1) Cr. P. C. Third and fourth paragraphs contained orders under Section 146 Cr. P. C. Separate challenge, has been made to the impugned orders seriatim.