TARLOK SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) THE present petition has been filed under section 482 of the Criminal Procedure Code (Code for brevity) for quashing of the application under section 145 of the Code Annexure P/1), order passed by Sub-Divisional Magistrate, Pathankot dated 21-11-1990 under section 146 of the Code (Annexure P/2) and all the proceedings emanating therefrom.

(2.) THE dispute in the present case related to 98 kanals 2 marlas of land situated in village Mutfarka Tehsil Pathankot, fully described in para No. 2 of the petition which Jagdish Mittar Puri, Vijay Puri etc. agreed to sell to Baldev Singh respondent vide agreement dated 4-6-1982. Baldev Singh and his co-purchaser Sant Singh paid Rs. 50,000/- as earnest money and alleged to have taken possession of the land on 4.6.1989. Tirlok Singh and other petitioners as well as respondents No. 3 to 9 contended that they were in continuous cultivating possession of the disputed land since 1982 and they filed a civil suit for getting a declaration to that effect. In that suit a receiver was appointed by the civil court and an order of injunction was passed. In the meantime Baldev Singh moved an application on 19-12-1989 before the police that proceedings under section 145 of the Code should be initiated. Sub Inspector Gurbachan Singh filed a Calender in this behalf at which Sub Divisional Magistrate directed the parties to appear before him and, at the same time appointed Tehsildar as a receiver of the disputed land. On 26.4 1990 when the Sub Divisional Magistrate came to know about the injunction order issued by the civil Court he came to the conclusion that there was no apprehension of breach of peace and then dropped the proceedings under section 145 of the Code vide his order passed on that day. Baldev Singh filed a revision petition against that order which was dismissed by the learned Sessions Judge, Gurdaspur on 6.9.90. Thereafter the civil suit filed by the petitioners and others was withdrawn.

(3.) IN the reply filed to the petition Baldev Singh respondent pleaded that the land in question belonged to Jagdish Mittar and others and they had entered into an agreement dated 4.6.1989 to sell the same to him and after receiving a sum of Rs. 50,000/- as part consideration they surrendered possession in his favour. A civil suit, was also pending between Sher Singh and others and Jagdish Mittar Puri and others in which order of status quo regarding possession had been passed. That civil suit was withdrawn by the petitioners on 3.8.1991 as the petitioners knew that they could not make out a legally sustainable case in civil Court. The petitioner had no right to pray for quashing of proceedings under section 145 of the Code after the withdrawal of the civil suit.