DEEPAK KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) DEEPAK Kumar and Dharminder petitioners have filed this petition under section 482 of the Code of Criminal Procedure, 1973, hereinafter referred to as the Code, for quashing the orders Annexure P. 1 and P. 2 of the Executive Magistrate in proceedings under section 145 of Code whereby the land in dispute was ordered to be attached on the complaint of Jagir Singh, Respondent No. 2 in the present petition. The learned counsel for Jagir Singh, Respondent No. 2 has raised a preliminary objection that these two petitioners are not party to the proceedings under section 145 of the Code and thus have no locus standi to file this petition, especially when if they are interested party, can approach the Executive Magistrate for becoming party under the provision of section 145(5) of the Code.

(2.) IT is not disputed that the land in dispute belonged to Nanak Chand (since dead). Deepak Kumar petitioner is the daughter's son of aforesaid Nanak Chand while Sanjeev Kumar is the grandson of aforesaid Nanak Chand. Sanjeev Kumar during the lifetime of his grandfather Nanak Chand obtained a decree in his favour regarding the ownership of the land. Nanak Chand challenged that decree during his life time and after his death Deepak Kumar filed a separate suit challenging that decree contending that he had become owner of the land on the basis of the will executed by Nanak Chand. That suit is still pending. Deepak Kumar petitioner in this petition also filed a suit for a permanent injunction against Sanjeev Kumar and others and the Civil Court vide its order dated 24 8-82 (Annexure P. 5) restrained Sanjiv Kumar and others from interfering with the possession of Deepak Kumar over land in dispute. As per the case of the respondent, aforesaid Sanjiv Kumar mortgaged this land with possession to Respondent No. 2 on 4.5.1987. Jagir Singh, Respondent No. 2 claims to be in actual possession of this land since then.

(3.) SUB -section (5) of section 145 of the Code provides as under :-