MODAN SINGH Vs. BIRBAL RAM

JUDGEMENT

(1.) MODAN Singh has filed the present petition under Section 482 of the Criminal Procedure Code for quashing the order dated 26th September, 1991, passed by the Sub Divisional Magistrate, Fazilka, (Annexdure P -3) vide which, the Sub Divisional Magistrate adjourned the proceedings under Section 145, Criminal Procedure Code, sine die till the pendency of litigation in Civil Court and also for revoking the attachment order dated 13th September, 1989.

(2.) THE brief facts of the case are that Jagdev Singh, Jagbir Singh, Sukhwinder Singh and Rajinderpal Singh, "sons of Modan Singh purchased 58 kanals 11 marlas of land situated in village Daulatpura Tehsil Abohar, in equal shares from Chand Kaur and others who were owners of this land in the year 1987 and they took possession of the same. Birbal Ram and other respondents asserted their possession over the land. So, the sons of the petitioner filed a civil suit in the Court of Sub Judge 1st Class, Fazilka, on 27.7.1987 and obtained injunction order. That suit was decreed in their favour in July, 1990 and the respondents were restrained from interfering in their peaceful possession.

(3.) ON 31st of May, 1988, police of Khuian Sarwar, District Ferozepur, filed a Calendar in the Court of Sub Divisional Magistrate, Abohar, for initiating proceedings under Section 145, Criminal Procedure Code as there existed a dispute over the possession of the land which was purchased by the sons of the petitioner. On the basis of that Calendar, the Sub Divisional Magistrate, Abohar, issued a notice under Section 145(1), Criminal procedure Code, to the parties and attached the land. Field Kanungo was appointed as Receiver to manage the land and he took possession of the land from the petitioners. Aggrieved by these proceedings, Birbal Ram and others filed a Criminal Miscellaneous Petition in the High Court and obtained an order staying the proceedings, but ultimately, that petition was withdrawn on 17.8.1990. The respondents filed suits in the Court of Sub Judge IInd Class, Fazilka, alleging that their father Ratti Ram was a tenant on the suit land and the order regarding correction of Khasra Girdawari in the names of sons of the petitioner was illegal and wrong. These suits of the respondents were dismissed.