RAM AVTAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of the order dated 22.10.2012, under Section 145 of the Code of Criminal Procedure, passed by learned Sub-Divisional Magistrate in proceedings titled as Umesh Pal and others Versus Ram Avtar and another (Annexure P-6), vide which the land in dispute was attached under Section 146 of the Code and Tehsildar, Rohtak was appointed as receiver till further orders.

(2.) Learned counsel for the petitioners submits that the impugned order dated 22.10.2012, is illegal as a civil suit between the parties qua the same land is pending adjudication, therefore, 145 Cr.P.C. proceedings are not maintainable and that in order to avoid the breach of peace, the police has initiated proceedings under Section 107/151 of the Code. Learned counsel further refers to Ranbir Singh Versus Dalbir Singh, 2002 2 RCR(Cri) 275 and Ram Sumer Puri Mahant Versus State of U.P., 1985 1 RCR(Cri),278.

(3.) On the other hand, learned counsel for the respondents submits that the proceedings under Section 145 of the Code were initiated on the application filed by the petitioners themselves, and thus now they have no right to challenge the same proceedings in this Court.