LAKHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. for quashing the order dated 30.08.2010 (P4) passed by the Sub Divisional Magistrate, Rajpura and order dated 27.11.2010 (P5) passed by the learned Additional Sessions Judge, Patiala.

(2.) The petitioners filed a suit for permanent injunction, restraining respondent No. 2, his brothers Mehar Singh, Malkiat Singh and Randhir Singh and their father Harnek Singh from causing any interference in the peaceful possession of the petitioners in the disputed land and along with this suit also filed an application under Order 39 Rules 1 and 2 read with Section 151 CPC for grant of temporary injunction and the learned Civil Judge (SD) Rajpura, vide his order dated 02.03.2007 ordered the parties to maintain status quo regarding possession. Thereafter, at the instance of respondent No. 2, proceeding under Section 145 Cr.P.C was initiated but learned SDM, Rajpura, vide order dated 06.11.2007, ordered the proceedings to be filed on the ground that the case regarding possession is pending in the Civil Court and no proceedings can be initiated under Section 145 Cr.P.C. Again Calendra under Section 145 Cr.P.C was filed on 04.04.2008 which was transferred to the Court of SDM, Nabha, who also ordered the Calendra to be filed vide order dated 11.09.2008 (P3). Then, on 09.04.2009, proceedings under Section 145 Cr.P.C were initiated, in which, Shri Vivek Narmohi was appointed as Receiver. After the evidence was recorded by the parties, SDM, Rajpura, vide his order dated 30.08.2010 ordered the withdrawal of the order and directed the Naib Tehsildar to deliver the possession of the land to respondent No. 2 Bhupinder Singh. Thereafter, the petitioners filed revision against the order dated 30.08.2010 passed by the SDM, Rajpura but the Additional Sessions Judge, Patiala dismissed the revision petition, vide order dated 27.11.2010 (P5).

(3.) Aggrieved, the petitioners have filed the present petition under Section 482 Cr.P.C for quashing of the order dated 30.08.2010 (P4) passed by the Sub Divisional Magistrate, Rajpura and the order dated 27.11.2010 (P5) passed by the Additional Sessions Judge, Patiala, vide which, the aforesaid order dated 30.08.2010 (P4) was upheld.