HARNAM SINGH Vs. MALL SINGH

JUDGEMENT

(1.) HARNAM Singh, petitioner in this petition seeks quashing of order dated 20.11.2000 passed by the Additional Sessions Judge, Ferozepur.

(2.) IN order to decide the controversy raised in the present petition a few facts need to be noticed. Land measuring 14 Kanals 8 Marlas comprising in Khasra No. 11M/1(8-0), 10/2(4-0), 11/1(2-0), 3/2/2(0-8) was purchased by Mall Singh resident of Attuwala out of the joint Khata of Sunderwalas which was under the possession of Arjan Singh. The possession of the land was taken by Mall Singh vide Rapat No. 422 dated 13.6.1995. Mall Singh claimed that he had sown Makki, Jawar etc. in the aforesaid land which was harvested forcibly by Arjan Singh the other party. FIR No. 104 of 1995 under Sections 447, 427, 148 and 149 I.P.C. was also registered against him. After the completion of investigation the case is pending in the Court. Arjan Singh, Party No. 1 claiming himself to be in possession of the above mentioned disputed land wanted to cultivate land which was resisted by Bhag Singh which led to altercation between them and apprehension of breach of peace. A civil suit was also filed in which the order of status quo was passed by the Civil Judge (Junior Division), Ferozepur. Without waiting for the decision of the Court, both the parties were bent upon to commit breach of peace. Consequently, calendra was drawn by the Police. After affording opportunity to the parties, the Executive Magistrate, Ferozepur came to the conclusion that as civil suit in relation to the land in dispute was pending in the civil Court and for correction of Khasra Girdawri proceedings were pending before the Commissioner, Ferozepur Division, no parallel proceedings could be allowed under Section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). Resultantly, he dismissed the calendra as per order dated 28.2.1997.

(3.) I have heard learned Counsel for the parties at length.