CHAND SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Chand Singh, petitioner, through this petition under Section 482 of the Code of Criminal Procedure, 1973, seeks quashment of the proceedings under Section 145 of the Code of Criminal Procedure initiated against him vide calendar Annexure P-6 and order Annexure P-8, inter alia, on the ground that the Civil Court being seized of the matter, resort to these proceedings was not justifiable especially when Chand Singh, petitioner, is in actual possession of the land in dispute.

(2.) The brief resume of relevant facts figuring in the calendar Annexure P-6 is that Chand Singh, petitioner, and Surjit Singh & Sher Singh, respondents No.2 and 3, are real brothers. They along with their sister Ajit Kaur are joint owners, of the land in dispute located in village Uppal Kheri and there is apprehension of breach of peace over the possession of this land. Cross security proceedings under Section 107/151 of the Code of Criminal Procedure have already been initiated between the parties. This report was submitted on 13-2-1990. The learned Sub Divisional Magistrate, vide order dated 19-2-1990 issued notice to the parties to file written statements, affidavits and evidence in respect of their rival claims regarding possession of the disputed land.

(3.) In the petition it is averred that the share of Surjit Singh, one of the respondents, was sold in execution of a decree for maintenance allowance to his wife Mukhtiar Kaur and Ujagar Singh son of Chand Singh, petitioner, had obtained the same in open auction and ultimately, a sale certificate Annexure P-2 was also issued in his favour on 24/6/1988. It is also averred in the petition that Surjit Singh, respondent, also filed a suit for permanent injunction against Ujagar Singh, wherein the application, filed under Order 39, Rules 1 and 2, Code of Civil Procedure, by Surjit Singh was dismissed by the Sub Judge 1st Class, Malerkotla, vide order dated 27-2-1989, copy Annexure P-3. The appeal arising out of that order was also dismissed by the Additional District Judge, Sangrur, on 21/8/1989. Thus it is maintained that Chand Singh, petitioner, being in actual possession of the land in dispute, the resort to proceedings under Section 145 of the Code of Criminal Procedure is an abuse of the process of the Court especially when the controversy is already pending in the civil Court