SHIV GIR Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Criminal Procedure Code, 1973 (hereinafter to be referred to as the Code) relates to quashment of proceedings under Section 145 of the Code initiated on the basis of police calendra dated 29.5.1991 and order dated 22.6.1991 passed by Sub-Divisional Magistrate, Narwana whereby the parties were restrained from cultivating and entering in the disputed land so that no dispute takes place at the spot.

(2.) BRIEF facts relevant for the disposal of this case are that Dera Mahi Mand is owner of land measuring 351 kanals 14 marlas situated in village Rasidan, Tehsil Narwana, Mangal Gir Mohtmim of the Dera died in the year 1988 thereafter Shiv Gir, petitioner No. 1 allegedly became Mohtmim of the said Dera. Most of the land in dispute is actually under cultivation of tenants at will including the petitioners and the details of individual possession of the tenants find mention in the Calendra as well. Respondents Nachhattar Gir, and Angrej Gir etc got the land in dispute entered in their names illegally on the basis of civil court decree which had been challenged by Shiv Gir petitioner in a suit which is still pending in the court of Sub Judge Ist Class, Narwana and in which status quo was granted in respect of possession of the land in dispute measuring 8 acres which was given on Chakota for five years by respondents Nachhattar Gir etc. to Hardial Singh respondent and the latter according to the petitioners is bent upon interfering in the peaceful possession of the petitioners over land measuring 150 kanals 13 marlas. Learned counsel for the parties were heard.

(3.) THE second contention raised on behalf of the petitioners is that since the civil suit is already pending with regard to the land in dispute parallel proceedings under Section 145 of the Code cannot be permitted to proceed. Admittedly the civil suit has not been finally decided as yet. As such there does not seem to be any legal bar for continuation of proceedings under Section 145 of the Code before Sub Divisional Magistrate, Narwana which are meant to decide the dispute concerning the possession of the parties with regard to the land in dispute at the relevant time. Apparently, the contention raised on behalf of the petitioners is not tenable.