JIWAN SINGH Vs. JOGINDER SINGH SARPANCH

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure praying that the proceedings under section 145 Crl. P.C., pending before the Sub Divisional Magistrate, Jagraon having been transferred to that Court from the Court of the Sub Divisional Magistrate, Khanna, be quashed as those tended to be in the abuse of the process of the Court and that pendency is not in the interest of justice.

(2.) ON March 29, 1283, when this matter was pending before me parties' counsel agreed that a civil suit between the parties pertaining to the land in dispute had been decided by the Sub Judge, Ist Class, Samrala, and an appeal against that judgment and decree was pending before the Additional District Judge, Ludhiana. In that litigation, the question of possession was sought to be decided. The matter was adjourned from time to time to await the decision of the appellate Court. Today, a true copy of the judgment of the appellate Court dated 22.8.1983 has been placed on the file which reveals that the petitioners were held to be in possession of the land in dispute and a permanent injunction was issued against the defendant, from whom the present respondents, claim title, restraining the defendant from dispossessing the petitioners forcibly or illegally except in due course in law. Since the question of possession has been settled by the Court of Additional District Judge, Ludhiana, it seems that the pendency of the proceedings under section 145 Cr.P.C. on the file of the Sub Divisional Magistrate, Jagraon, is nothing but an abuse of the process of the Court. Accordingly, those proceedings are hereby quashed. Order accordingly