LABH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THROUGH this petition under section 482 of the Code of Criminal Procedure, 1973, Labh Singh and others who were second party in the proceedings under section 145 of the Code of Criminal Procedure before the trial Court had sought quashment of the orders of the Sub-Divisional Magistrate, Sangrur as well as of the learned Additional Sessions Judge, Sangrur on the ground that the proceedings under section 145 of the Code of Criminal Procedure could not be instituted against joint co-owners of the land having joint cultivation as will as on the ground that the trial Court had wrongly relied upon the order of the Assistant Collector 1st Grade, Sangrur Annexure P3 qua correction of the Khasra Girdawri as it had not yet attained finality.

(2.) IN brief, the facts of the case are that Ram Ditta grand-father of Labh Singh party No. II and Joginder Singh party No. 1 before the trial Court had three sons namely Dalip Singh, Niranjan Singh and Kaur Singh besides a daughter Mst. Chitin Kaur. Ram Ditta owned about 112 Bighas 6 Biswas of land in the revenue estate of village Rajpura located in District Sangrur. On the death of Ram Ditta, his land was inherited by his three sons in equal shares. Dalip Singh remained unmarried. Labh Singh, Joginder Singh, Nahar Singh, Mst. Mohinder Kaur and Mst Charan Kaur are the children of aforesaid Kaur Singh. During his lifetime, Dalip Singh allegedly used to reside with his nephew Joginder Singh and on 9th June, 1983 Dalip Singh executed a Will bestowing his entire property upon aforesaid Joginder Singh party No. 1 in these proceedings. Dalip Singh died on 10th October, 1988. Niranjan Singh aforesaid alongwith sister Mst. Chitin Kaur challenged that Will in the civil Court but the suit was dismissed on 16th July, 1990 on the basis of some compromise. Labh Singh party No. II also alleges that during his life time his uncle Dalip Singh had given 14 Bighas of land for cultivation purposes while the rest of the land was given to Joginder Singh party No. 1 for cultivation purposes. Labh Singh party No. 11 filed a suit for permanent injunction on 2 Ist October, 1988 for restraining Joginder Singh from disturbing his possession over the disputed land but that suit was dismissed in default on 8th March, 1989. The entries in the revenue record, however, continued, reflecting the land being jointly, cultivated by all the co-sharers. Joginder Singh got the entries in the Khasra Girdawri corrected vide order dated 29th January, 1990 of the Assistant Collector IInd Grade, Sangrur. It appears that-the local police apprehending danger of breach of peace over the possession of the disputed land instituted proceedings under section 145 of the Code of Criminal Procedure on Ist June, 1990. The Executive Magistrate passed preliminary order Annexure P2 on Ist June, 1990 and appointed Naib Tehsildar, Bhawanigarh as receiver of the land on that very date.

(3.) FEELING aggrieved against that order, Labh Singh party No. II went in revision, which was also dismissed by the learned Additional Sessions Judge, Sangrur vide his order dated 9th March, 1992. Still being aggrieved against the order of the trial Court as well as of the revisional Court, Labh Singh etc. party No. 11 had invoked the inherent jurisdiction of this Court under section 482 of the Code of Criminal Procedure.