MANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS order will dispose of two connected petitions No. 12612-M of 1991 and Crl. M.No. 12272-M of 1992 wherein the proceedings under Section 145 CrPC have been challenged. The facts have been drawn from CA M.No. 12612-M of 1991.

(2.) ON 13th September, 1990 S.H.O. P.S. Nakodar filed Calandra before S.D.M. Nakodar for initiating proceedings under Section 145 CrPC. Parduman Singh was described as party No. 1 and Manjit Singh was described as party No. 2, that Central Government was the owner of land measuring 5.6 kanals and 19 marlas in Village Angakeri P.S. Nakodar. Both the parties were claiming their possession and ownership on this land. In the years 1987-1988 and 1989, the Khasra Girdawari stood in the name of Manjit Singh while the Khasra Girdawari dated Ist May 1990 records Parduman Singh in possession. Civil suits were pending between the parties in the Court. Manjit Singh had also got a stay order in his favour from the Commissioner, Jalandhar on 2nd April 1990 and a notice of the same had been served on Parduman Singh. Both the parties are trying to sow the crops claiming their ownership and possession. There was thus apprehension that some quarrel may not take place between the parties on account of this land dispute. Both the parties are arrogant and thus the proceedings.

(3.) MANJIT Singh in his petition has averred that he was in possession of about 16 kanals of land out of the total area of land measuring 56 kanals 19 Marlas and this possession is continuous and he had sown different crops; that in May 1990 Parduman Singh tried to take benefit of some stray entries in the revenue record and threatened the possession of the petitioner and Joga Singh (Joga Singh is stated to be in possession of 38 Kanals). Joga Singh then filed a suit and ultimately an order directing maintaining of status quo was passed on 4th September 1990. This order is Annexure P-1. Parduman Singh also filed a suit for permanent injunction and in that suit a stay order dated 9th of August 1989 had been passed; that the petitioner was in admitted possession of the land and since there were civil suits pending, the proceedings under Section 145/146 CrPC were not justified.