(1.) This is a petition under Section 482 Cr.P.C. preferred by Ramesh seeking quashing/ setting-aside of Kalandra dated October 22, 2013 (Annexure P-9), preliminary order dated November 20, 2013 (Annexure P-10) issued under Section 145 Cr.P.C. and consequent undated order, Annexure P-14 passed by District Revenue Officer cum- Executive Magistrate, Narnaul, vide which proceedings under Section 145 Cr.P.C. were ordered to continue.
(2.) The facts giving rise to instant petition are that Kalandra under Section 154 Cr.P.C. was presented by SHO, Police Station, City, Narnaul, on October 22, 2013 with a request that proceedings under Section 145 Cr.P.C. be initiated and the matter be disposed of after calling/ recording evidence of parties since multiple complaints were being lodged by Ramesh son of Munshi Ram, on one hand and Ashwani son of Surya Narayan, on the other hand. Subsequent thereto, City Magistrate, Narnaul, while acting on the Kalandra, passed preliminary order on November 22, 2013 (Annexure P-10) which reads as under:-
(3.) Thereafter, Ramesh, first party in Kalandra, moved an application (Annexure P-11) before the District Magistrate, Narnaul for revocation of preliminary order passed by the City Magistrate, and for dropping the proceedings, especially on the ground that Ashwani, second party, has no right and interest in the property as he has claimed himself to be owner on the basis of an alleged agreement of sale executed by Vijay Kumar Goswami and his mother Savitri, that too only in respect of a plot measuring 700 square yards. Further that, proceedings under Section 145 Cr.P.C. have been initiated not only in respect of plot measuring 700 square yards but also in respect of whole area measuring 15 bigha 17 biswas abutting Narnaul Behror road, which is owned and possessed by first party. But, that application was also declined vide order, Annexure P-14 and hearing was deferred till July 18, 2014 for submission of claims. Then, Ramesh son of Munshi Ram preferred a revision petition against order dated July 14, 2014 passed by Executive Magistrate, Narnaul, vide which application moved by him for dropping proceedings under Section 145 Cr.P.C. was dismissed, but that appeal was also dismissed vide order dated September 9, 2014 by Additional Sessions Judge, Narnaul, upholding order dated July 14, 2014 passed by the Executive Magistrate, which necessitated filing of instant petition.