JASPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure has been filed for quashing of the Notice and order dated 28.8.2008, (Annexures P-4 to P-6), passed by the learned Sub Divisional Magistrate, Khamano, District Fatehgarh Sahib. Learned counsel for the petitioner submits that in the inquiry report dated 25.6.2008, conducted by DSP, it is held that the matter is of civil nature and there is no apprehension of breach of peace. Without considering this fact, the learned Sub Divisional Magistrate appointed Tehsildar Khamano as receiver of the land in dispute. In the proceedings, Gurdeep Singh, attorney of the brother of the petitioner, admitted that the petitioner is in cultivating possession of the land for the last 25 years. He further submits that no opportunity was given to the petitioner before passing the order under Section 146 of the Code.

(2.) Learned counsel for respondent No. 2 submits that the respondent is the attorney, of the brother of the petitioner.

(3.) The learned State counsel submits that after objective assessment of the circumstances and on reaching the satisfaction that there could be breach of peace at the time of harvesting of paddy and sugarcane crop. The rifle recovered from Jaspal Singh is deposited in the Malkhana at Police Station Khamano.