TEG SINGH Vs. KRISHAN LAL

JUDGEMENT

(1.) BY means of this criminal miscellaneous under section 482, Cr.P.C., Teg Singh petitioner seeks the quashing of the order dated 26-11-1987 passed by the Sub Divisional Magistrate, Kaithal. Annexure P3 on the objection petition filed by the petitioner against the order of proceeding under section 145, Cr.P.C., pending between the respondents.

(2.) THE factual position is not much in dispute. Proceedings were initiated on the Police report dated 27-7-1982 to which the respondents were parties. The same day, the learned Magistrate passed an order under section 146, Cr.P.C. and appointed the Tehsildar as the Receiver. Vide order dated 3-2-1987, the learned Magistrate passed an order under Section 145, Cr.P.C. in favour of Krishan Lal and Sukhdev respondents. A revision preferred before the Court of Session was decided on 14-5-1987 and a further revision was decided by this Court on 28-7-87. In the ultimate result, the possession was held to be that of Krishan Lal and his son Sukhdev. After the decision of this court a direction was issued to this tehsildar to deliver possession of the land of Krishan Lal and others. The petitioner moved an objection petition under Section 145 (5) Cr.P.C. for cancellation of the order, on the ground that he was in fact in possession of the land he was not made a party and the proceedings were taken by playing a fraud on the Court. This application was decided and vide the impugned order, dated 26-11-1987 the objection petition was dismissed.