HARMANDAR SINGH Vs. HARBIR SINGH

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1974 (hereinafter to be referred to as the Code) relates to quashment of order passed by Additional Sessions Judge, Jalandhar, dated 22.9.1988 whereby the appeal filed by the present petitioner against the order of Sub Divisional Magistrate, Nakodar, dated 19.2.1981 was dismissed.

(2.) THE brief facts relevant for the disposal of this petition are that in proceedings under Section 145 of the Code which were pending before the Sub Divisional Magistrate, Nakodar, both the parties filed affidavits and in those proceedings the possession of the land in dispute was held to be that of the present petitioner by the Sub-Divisional Magistrate, Jalandhar vide his order dated 18-10-1982. However, in those proceedings an application under Section 340 of the Code moved by the present petitioner against the present respondent was not decided by the Sub Divisional Magistrate. The main ground in the application taken was that the affidavit dated 4-5-1981 and the statement dated 10.6.1981 of Shri Harbir Singh are false and that he had committed perjury. The revision filed by Harbir Singh against the aforesaid order was dismissed, as withdrawn whereas the application of the present petitioner under Section 340 of the Code was referred back to the trial Court for disposal.

(3.) HARMANDAR Singh again filed an appeal which was decided by the Additional Sessions Judge, Jalandhar, on 20-12-1985. In that appeal the order of the Sub Divisional Magistrate was set aside, and the case was remanded to the Sub Divisional Magistrate, Jalandhar with the direction that the prayer of the present petitioner under Section 30 of the Code for filing the complaint against the respondent be considered, and decided on merits.