KEHAR SINGH Vs. SATNAM CHAND

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Criminal Procedure Code (hereinafter called the Code) for quashing the order dated 4-5-1989 Annexure P. 5 under Section 146 (1) of the Code by the Executive Magistrate, Sirsa. The material facts leading to the present petition are: one Ganga Devi was the original owner of 14 Kanals 16 Marlas of land in dispute at village Natar, Tehsil and District Sirsa. She entered into an agreement of sale in favour of the respondents on 31-3-1986. The case of the respondents is that the original owner accepted earnest money under the agreement and delivered actual possession of the land to them. On 16-10-1986, however, Ganga Devi executed a registered sale-deed in favour of Kehar Singh petitioner and his brother Sham Singh regarding the said land for Rs. 44,000/-. The case of the petitioner is that actual possession was delivered by Ganga Devi to him and his brother Sham Singh On 22-10-1986 the respondents filed civil Suit No. 625 in the Court of Subordinate Judge, Ist Class, Sirsa. An ex parte injunction was given in favour of the respondents against Kehar Singh and his brother restraining them from interfering in respondents possession of the land in question. The petitioner and his brother appeared and opposed the application and the ad interim injunction was vacated by order Annexure P. 1 dated 29-11-1986. Appeal against the order of the Subordinate Judge was dismissed by the learned Additional District Judge on 9-12-1986 vide Annexure P. 2. Ultimately, the respondents appeared to have lost interest in the said suit for permanent injunction, which was dismissed for default on 16-11-1988 vide order Annexure P. 3. No application for restoration of that suit has been made so far.

(2.) THREE days later Kehar Singh and his brother filed civil suit No. 611 on 25-10-1986 and ad-interim ex parte injunction was granted by the learned Additional Senior Subordinate Judge, Sirsa on 25-10-1986 (Annexure P. 4). The application for temporary injunction in which the above adinterim injunction was issued is still pending.

(3.) ON 18-5-1987 the respondents made an application under Section 145 of the Code to the Executive Magistrate, Sirsa. Kehar Singh and his brother appeared as the second party before the Executive Magistrate on 1.6.1987. It appears that both the parties filed their statements of claims and have led evidence. In the course of proceedings under Section 145 of the Code, the learned Executive Magistrate passed an order in the presence of counsel for parties on 27-4-1989 that he would inspect the spot on 1-5-89 at 5.10 P.M. In the presence of the parties he actually inspected the spot on the date and time fixed. On the basis of his inspection and in view of the fact that earlier there had been one criminal case and proceedings under sections 107/151 of the Code between the parties, he passed the order under Section 146 of the Code dated 4-5-1989, Annexure P. 5, which is sought to be quashed by this petition. It may be added here that case FIR No. 42 dated 18-2-1987 under Sections 326, 324, 323 and 34 of the Indian Penal Code was registered in connection with an occurrence between the parties on account of their rival claims for possession of the land in dispute. Proceedings udder Section 107 of the Code are also pending between them.