JEET SINGH Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) THE petitioners have filed this petition under section 482 of the Code of Criminal Procedure for quashing the impugned order dated 22-10-1991 (Annexure P-3) passed by the Sub Divisional Magistrate, Abohar, under sections 145(1) and 146, Code of Criminal Procedure. Briefly stated, the facts of the case are as under :-

(2.) THE police submitted a report under Section 145 of the Code of Criminal Procedure stating that Bhagirath Ram and Nanu Ram, respondent Nos 2 and 3, had purchased the land, in dispute, from the Department of Custodian for Rs. 1,37,000/- and they had obtained possession of the land, in dispute, vide report roznamcha No. 116 dated 14-11-1983 ; that since 14.11. 1983 they are in possession of the land, in dispute, and that before 14-11-1983, the petitioners were in possession of the land, in dispute. As there was apprehension of breach of peace at the time of harvesting the crop, therefore, a request was made by the police that both the parties be restrained from entering the land, in dispute. The Sub-Divisional Magistrate on 22.10.1991 passed the impugned order which reads :-

(3.) THE learned counsel for respondent Nos. 2 and 3 has contended that Ram Sumer Puri Mahant's case (supra) is not applicable to the case in hand because, in that case, the title suit for possession and injunction in respect of the property, in dispute, was dismissed though an appeal against the said judgment and decree was pending when proceedings under Section 145 Code of Criminal Procedure, were initiated and that the facts of the case in hand are entirely different inasmuch as the proceedings in the Court of Sub Judge are at the initial stage and no final decree has yet been passed in those proceedings.