BALWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C for quashing of judgment dated 11.07.2009 passed by Sessions Judge, Fatehabad and the order dated 13.02.2009 passed by the Sub Divisional Magistrate, Ratia, District Fatehabad, whereby, the land of the petitioner has been attached by initiating the proceedings under Section 145/146 Cr.P.C and a receiver has been appointed wrongly and illegally during the pendency of the civil suit with regard to the same land in the Court of Additional Civil Judge (SD) Ratia.

(2.) Facts as stated in the present petition are that the petitioner is owner of land measuring 117 kanal 15 marlas, situated at village Nangal, Tehsil Ratia, District Fatehabad, Haryana and respondent No. 2 was working as helper with him and as litigation was going on between the parties, so in the year 2004, out of that land 9 acres of land was relinquished in favour of respondent No. 2 and the balance 45 kanal 2 marlas land comprised in khasra No. 107//2/2(6-16), 3(7-8), 8(7-8), 9(8-0), 10(8-0), 13 (7-10) was kept by the present petitioner. Respondent No. 2 Bhim Singh filed civil suit in the court of Additional Civil Judge (Sr. Divn.) with regard to the above said 6 acres of land comprising in khasra No. 1077/2/2(6-16), 3 (7-8), 8(7-8), 9(8-0), 10(8-0), 13(7-10) claiming that he is in possession of the land on the basis of batai and that he may not be dispossessed forcibly and illegally from the land in dispute by the present petitioner. The Additional Civil Judge (SD) Ratia passed an order restraining the present petitioners from interfering in the peaceful possession of respondent No. 2 except in the due course of law. During the pendency of the civil suit in the Court of Additional Civil Judge (SD), Ratia, respondent No. 2 Bhim Singh moved an application before the SHO, Police Station Ratia that the petitioner intends to dispossess him from the land in dispute forcibly and illegally with the help of the anti social elements and he apprehends danger to his life. That on the basis of the application moved by respondent No. 2 Bhim Singh, the local police at Ratia prepared Kalandra under Section 145 Cr.P.C and presented the same to the Id. Sub Divisional Magistrate, Ratia for attaching the land in dispute. The learned Sub Divisional Magistrate Ratia, vide his order dated 13.02.2009 attached the land in dispute exercising the powers under Section 146 Cr.P.C and appointed the Block Development and Panchayat Officer as Receiver. Aggrieved with the order dated 13.02.2009 passed by the learned Sub Divisional Magistrate, Ratia, the present petitioner filed revision petition before the Id. Sessions Judge, Fatehabad challenging the validity of the order dated 13.02.2009, but the Id. Session Judge, Fatehabad, dismissed the revision petition filed by the present petitioner concluding that it would be just and appropriate that the parties await the decision of the civil Court qua settlement of their respective rights.

(3.) Accordingly, the present petition has been filed under Section 482 Cr.P.C praying for quashing of judgment dated 11.07.2009 passed by Sessions Judge, Fatehabad and the order dated 13.02.2009 passed by the Sub Divisional Magistrate, Ratia, District Fahetabad.