KARAM SINGH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THIS is a petition under Section 482, CrPC, filed by the petitioners, seeking quashment of the Kalendra under Section 145, CrPC, and the order, copy Annexure P6, passed by SDM, Zira, under Sections 145 and 146, CrPC.

(2.) THE proceedings under Section 145, CrPC, were initiated by the SDM, Zira, in pursuance of the Kalendra submitted by the Police under Section 145, CrPC, in respect of the land in dispute. It was alleged in the said Kalendra that both the parties were claiming their possession over the disputed land and that there was apprehension of breach of peace, in view of the said dispute. It had further been prayed in the said Kalendra that a Receiver might also be appointed under Section 146, CrPC. The said Kalendra is dated 31.1.2000. Thereupon, the SDM, Zira, passed the order, copy Annexure P6 (stated to be dated 8.2.2000), directing that both the parties be summoned, While exercising the powers under Section 146, CrPC, the Tehsildar was appointed as Receiver, in respect of the said land, with a direction that he will take possession of the said land, including the crops standing thereon. Aggrieved against the proceedings under Section 145, CrPC as also the orders passed under Section 146, CrPC, appointing the Tehsildar as Receiver, Karam Singh, Jarnail Singh and Piara Singh, the present petitioners, have filed the present petition under Section 482, CrPC, for quashing the Kalendra and the said order of the SDM, vide which the Receiver was appointed.

(3.) EARLIER , Mr TPS Tung, Advocate, had put in appearance on behalf of respondent No. 3. However, subsequently, no one has come present on behalf of respondent No. 3 nor any reply has been filed.