KARNAIL SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Cr.P.C. for quashing of Calandara under Section 145 Cr.P.C. as well as order dated 12.10.2011, vide which, a receiver has been appointed. Learned counsel for the petitioner submits that the petitioner is in exclusive possession of Khasra No. 17/14 (8 -0) and has also installed one tubewell on the said land. An application was moved by Gurjant Kaur before Assistant Collector First Grade and order of mode of partition was passed on 27.05.2010. Petitioner filed an appeal against order of mode of partition, which was dismissed. Thereafter the petitioner filed a revision petition before Commissioner. Learned counsel for the petitioner also submits that FIR No. 174 dated 11.05.2011 was registered against one Kuldeep Singh and petitioner's family was threatened due to which many representations were given to the Police Authorities. A civil suit was also filed against Gurjant Singh and his wife Gurjant Kaur by one Satnam Singh with whom they entered into an agreement to sell and took earnest money by using power of attorney of Kuldip Singh and Prem Singh. The civil suit between the parties is still pending.

(2.) DURING the pendency of the litigation between the parties, the Calandara under Section 145 Cr.P.C. was filed on 28.06.2011 on the ground that there is apprehension of breach of peace. Learned counsel for the petitioner also submits that the present petition has been filed on the ground that the civil litigation is pending between the parties and dispute is of possession and also of partition. No proceedings can be initiated in case, the civil litigation is pending between the parties. As per revenue record, respondent No. 2 is not in possession of the land in dispute. The proceedings under Section 145 Cr.P.C. are malafide and is outcome of civil litigation and same has been initiated in collusion of Police. Learned counsel for the petitioner has also relied upon the judgment of Hon'ble the Supreme Court in Amresh Tiwari vs. Lalta Prasad Dubey and another, : AIR 2000 SC 1504 as well as judgments of Allahabad High Court in Ram Subhag Pandey vs. State of U.P. and others, : 2001 Crl.L.J. 2891 and Jayanti Prasad and others vs. Kamal Narain and others, : 1998 Crl.L.J. 4689.

(3.) HEARD arguments of learned counsel for the parties and have also perused the impugned orders as well as other documents available on the file.