GURTEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS will dispose of Criminal Misc. No. 14752-M of 1993 as well as C.O.C.P. No. 1000 of 1993.

(2.) CRL . Misc. No. 14752-M of 1993 arises out of proceedings under Section 145, Cr.P.C. whereby the Sub Divisional Magistrate, vide order dated 27.10.1993 (Annexure P-9) has ordered attachment of the property in dispute. Further, a direction has been given to the Tehsildar, Sangrur, to take possession of the property. The land in dispute is measuring 297 Bighas 12 Biswas situated in village Chatha Sekhon, District Sangrur. In regard to land measuring 164 Bighas 6 Biswas, a civil suit between the petitioners and respondent Nos. 4 and 6 was decided against the petitioner by the Courts below, against which Regular Second Appeals No. 1580 and 1581 of 1991 are pending in this Court. At the time of motion hearing, dispossession of the petitioners was stayed. Later on, on 8-9-1991 in presence of the counsel for the parties, interim order staying the dispossession was allowed to continue provided they furnished security for mesne profits for a period of ten years. Security was required to be furnished within one month thereof. Accordingly, security for Rs. 2,00,000/- was furnished meaning thereby that the order whereby the dispossession of the petitioners was stayed, became absolute. With regard to the remaining land, another civil suit was decreed against Gurdev Kaur respondent by Sub Judge 1st Class vide order dated 10.12.1985. Gurdev Kaur, having felt aggrieved of the judgment and decree, filed appeal before the first appellate Court which is stated to be pending in which execution of the decree has not been stayed. Thus, for the remaining land, Gurdev Kaur respondent has been restrained from taking possession of the land, which admittedly, is in ossession of the petitioners. S.H.O. vide Kalandra dated 17.10.1987 made a prayer before the Sub Divisional Magistrate that some dispute regarding 297 Bighas 12 Biswas is going on between the petitioners and the respondents for which case under Sections 307/427/148/149, IPC dated 7.6.1993 has been registered. A prayer was made that Receiver be appointed to take possession of the land in dispute so that crops may be harvested. On receipt of the application, notice was issued to the parties.

(3.) I am in agreement with the contention of counsel for the petitioner that proceedings under Section 145, Cr.P.C. are nothing but an abuse of the process of Court and cannot be sustained. It has consistently been held by this Court that if one party uses force to dispossess the other party in spite of the stay order in his favour, leading to the apprehension of the breach of the peace creating a situation for the launching of the proceedings under Section 145, Criminal Procedure Code and attraction of its emergency power under sub-section (4) the Magistrate will then step in, not to start parallel proceedings but to defend the orders of the Civil Court by not allowing the aggressor to establish himself in possession of the subject matter of the dispute in violation of the orders of the Court. (For this see 1976 P.L.R. 803 Mohinder Singh v. Dilbagh Rai).