DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) DARSHAN Singh petitioner has, by means of this criminal miscellaneous under Section 482, Cr.P.C. sought the quashing of the calendar dated 2-11-1990, Annexure P1 and the order of the Sub Divisional Magistrate, Samrala dated 15-2-1991, Annexure P2.

(2.) THE dispute between the parties regarding, Which proceedings, under Section 145 Cr. P. had been initiated by the Police by filing calendar Annexure P1, relates to the land owned by Karam Singh. The parities are brothers and sisters of Karam Singh, who has not been heard of for the last about 3 years. The petitioner claims himself to' be the owner in cultivating possession of the disputed land, measuring 24 Kanals. On 29-5-1990, he instituted a suit for the issuance of a permanent injunction, restraining respondents 2 to 4 and one Kewal Singh from interfering with his possession. In the plaint he pleaded inter alia that he was in possession of the land on the basis of the agreement dated 19-9-1984 Karam Singh had also executed a registered will in his favour on 6-7-88 Khasra Girdawari, however, stood in the name of Karam Singh. It was Darshan Singh petitioner who was rendering service to Karam Singh, in cultivating his land. On the basis of the civil suit, order of status quo has been passed by the Court. On 2-11-1990. Police Station Machhiwara filed a calendar under Section 145, Cr.P.C. and it had been described that the land was being cultivated by the two brothers of Karam Singh and paddy copy was standing, but the Girdawari is in the name of Karam Singh. There was the possibility of a quarrel and as such, proceedings under Section 145, Cr.P.C. be initiated. It was on the basis of this calendar that the land was attached and Tehsildar, Samrala was appointed as the receiver.

(3.) IN Ram Sumer Puri Mahant v. State of UP and Ors., 1985(1) Recent CR 278 their Lordships of the Supreme Court dealing with a similar proposition, held as under :