BALRAJ SINGH Vs. SEWA SINGH

JUDGEMENT

(1.) THIS is a petition under Section 482, Cr.P.C., filed by the petitioners seeking quashment of the orders dated 10.12.1998, copies Annexures P5 and P6, passed by SDM, Ajnala, initiating proceedings under Section 145, Cr.P.C., and ordering the attachment of the property under Section 146, Cr.P.C., and all subsequent proceedings, taken thereon.

(2.) THE facts, which are relevant for the decision of the present petition are that SHO, Police Station, Lopoke, submitted a Calandra under Section 145, Cr.P.C., copy Annexure P4, impleading the present petitioners as party No. 1 and respondent No. 1, Sewa Singh, as party No. 2. It was alleged in the Calandra that an application was filed by the Gram Panchayat through its Sarpanch before the DSP, Ajnala, that the present petitioners had taken the Panchayat land on lease in the year 1993-94 and had retained the illegal possession of the land and that the DDPO had passed the orders in favour of the Panchayat and the BDPO had auctioned the land in favour of Sewa Singh for one year. It was alleged that both the parties were summoned to the Police Station and records were checked. It was alleged that both the parties were claiming their right over the land in dispute. It was further alleged that the dispute regarding possession of the land was already going on between the parties. It was further alleged that the land in question was Jumla Mushtarka Malkan of the Gram Panchayat. It was alleged that Calandra under Section 145 Cr.P.C., had been prepared and was being sent to the SDM, as there was dispute about the possession of the land and this dispute was likely to give rise to a cognizable offence. It was alleged that both the parties be restrained from taking possession over the said land, as both the parties were claiming their rights over this land. It was further alleged that since Wheat and Barseen crops had been sown over the land in dispute, a Receiver be appointed to look after the said land and necessary orders be also passed with regard to the standing crops.

(3.) IN the proceedings under Section 145, Cr.P.C., the petitioners, being party No. 1, filed written reply, alleging therein that the land was owned by Jumla Mushtarka Malkan and that party No. 1 was in possession of the same as co-sharers for the last many years. It was further alleged that the possession of party No. 1 was confirmed by the civil Court vide judgment and decree dated 14.6.1996 and the Appeal filed by the Gram Panchayat was dismissed by the Additional District Judge, Amritsar on 10.6.1997. It was further alleged that in another suit, the Additional Civil Judge, Senior Division, Ajnala, vide order dated 27.7.1998, had granted permanent injunction against party No. 2 and party No. 2 had not filed any Appeal against the same. It was alleged that since the civil Court was already seized of the matter, the SDM had no jurisdiction to decide the factum of possession and to attach the land in dispute, at the instance of Police and political leaders. It was alleged that more than two months, prior to the initiation of the proceedings under Section 145, Cr.P.C., party No. 1 was in possession of the land in dispute and had sown wheat crop therein. It was accordingly prayed that proceedings under Section 145, Cr.P.C., be dropped and the land be released from attachment.