NIRMAL SINGH Vs. EXECUTIVE MAGISTRATE, AMRITSAR

JUDGEMENT

(1.) SHRI Har Bhupinder Singh, Executive Magistrate, Amritsar had initiated proceedings under Section 145 Cr.P.C. of 1983 on the report of the local police that there is a dispute between the two parties over the possession of plot located in Khasra No. 828 at Tilak Nagar, Shivala Bhaian, Amritsar. It is also mentioned in order Annexure P-3 that cross-security proceedings had already been initiated against both the parties. Feeling aggrieved against that order, the second party namely Nirmal Singh had invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the order Annexure P-3 and further proceedings resulting the reform inter-alia on the ground that the Civil Court being already seized of the matter, initiation of proceedings under Section 145 Cr.P.C. is not called for.

(2.) I have heard the learned counsel for the parties, besides perusing the record.

(3.) CONSEQUENTLY for the reasons recorded above the impugned order Annexure P-3 as well as the resultant proceedings under Sections 145 and 146 Cr.P.C. are quashed by accepting this petition. Order accordingly.