JASWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS order will dispose of Crl. Misc. Nos. 27686-M of 2001 and 42059-M of 2001 as both these petitions are filed under Section 482 Cr.P.C. to quash the Kalandra and subsequent proceedings.

(2.) THE facts for the disposal of this and other connected petition are being extracted from Crl. Misc. No. 27686-M of 2001 and are that earlier the father of the petitioner was in possession of the disputed land. Sonu Ram was the shareholder in the land. Petitioner purchased some share of Sonu Ram and some of the share of the land was sold by Sonu Ram to one Naresh Kumar and others. Sonu Ram never remained in possession of the land and petitioner was in cultivating possession. The share of Sonu Ram was also cultivated by the petitioner. Naresh Kumar, to whom Sonu Ram sold some share of his land, never came in possession of the land, after purchasing the said land. Naresh Kumar filed a suit before the Assistant Collector, 2nd Grade, Radaur on 23.3.2001. Naresh Kumar was having relation with S.H.O. Radaur. He and his family members want to take forcible possession from the petitioner and his family. For that they attaked on the petitioner and his family members. FIR No. 85 dated 10.6.2001 was registered against Naresh Kumar and others. Naresh Kumar with the connivance of S.H.O. Radaur got Kalandra prepared under Section 145 Cr.P.C. and the same was presented before the Sub Divisional Magistrate, Jagadhari.

(3.) REPLY on behalf of respondent No. 1 was filed by Surinder Vats, S.H.O. Radaur. It was pleaded that on 10.6.2001 as ruqa regarding the admission of Naresh Kumar was received from the C.H.C. Radaur and another ruqa regarding the admission of petitioner Jaswant Singh was received in the police station from Gaba Hospital. ASI Jia Narain went to Civil Hospital and recorded the statement of Naresh Kumar. Statement of Jaswant Singh was also recorded. On the statements of Jaswant Singh and Naresh Kumar, a cross-case under Sections 323/325/326/506 IPC was registered against both the parties vide FIR No. 85 dated 10.6.2001. It was further pleaded that during investigation, it was found that both the parties have claimed their possession over the disputed land and the possibility of fight between the parties was inevitable. So keeping in view the peace and tranquility between both the parties, a kalandra under Section 145 Cr.P.C. was filed in the Court of S.D.M. Jagadhari and the same is pending. It was denied that Naresh Kumar is relative of S.H.O. Radaur or he has helped Naresh Kumar.