MADAN LAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing the proceedings under Section 145 of the Code of Criminal Procedure pending before the Sub Divisional Magistrate, Moga which were initiated on the basis of a Kalandra dated 19.10.1994.

(2.) BRIEFLY , the facts are that the petitioner and respondent No. 2 are real brothers being sons of Jagir Chand. There is a chunk of land upon which both the brothers are co-sharers although the petitioner claims that he is in exclusive possession of the same. Fearing that the petitioner might be dispossessed from the said land, he filed a suit for permanent injunction before the Sub Judge, Moga praying therein that the defendant (respondent No. 2 in this case) be restrained from interfering and dispossessing him from the land in dispute. Vide order dated 5.5.1993, the Sub Judge, Moga, vide Annexure P1, ordered that the defendants are restrained from dispossessing the plaintiff from the suit land till 28.5.1993 except in due course of law. Against the order of the Sub Judge, Moga, Annexure P1, defendant Gujjar Mal filed an appeal before the Additional District Judge, Faridkot who vide his order dated 13.12.1993, Annexure P3, dismissed the appeal and confirmed the ad-interim injunction granted in favour of the petitioner.

(3.) THE Sub Divisional Magistrate, Moga passed an order and summoned both the parties to appear before him vide order dated 14.12.1994, Annexure P5. This is how the present petition for quashing the proceedings under Section 145 of Code of Criminal Procedure has been filed.