SUDERSHAN SINGH Vs. ROSHAN SINGH

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. has been filed by the petitioner Sudershan Singh for quashing of the Calendra dated 15.4.1999 (Annexure P-4), orders dated 15.4.1999 (Annexure P-6) and 20.4.1999 (Annexure P-7) passed by the Sub-Divisional Magistrate, Mukerian, under Sections 145 and 146 of the Code of Criminal Procedure, respectively.

(2.) IN this case, the petitioner-Sudershan Singh and respondent-Roshan Singh are the real brothers. They were joint owners in possession of the land measuring 237 kanals 3 marlas. In the revenue records, they were recorded as co-sharers of the said land in joint possession of the same. On 14.9.1999, the respondent-Roshan Singh made an application to the SHO, Police Station, Mukerian alleging therein that he and his brother Sudershan Singh are the joint owners of the afore-said land, and his brother is obstructing him from harvesting the wheat crop sown by him on the land pertaining to his share. On the said application, the SHO, Mukerian submitted a Calendra to the Sub- Divisional Magistrate, Mukerian for taking an action under Section 145 Cr.P.C. as according to him, there was an apprehension of breach of peace and commission of some cognizable offence by both the parties as there was a dispute about possession and harvesting of the crop. On the said Calendra, the Sub-Divisional Magistrate initiated proceedings under Section 145 Cr.P.C. while passing the following order :-

(3.) THE petitioner has challenged the afore-said orders in this petition.