INDERPAL SINGH Vs. STATE OF PUNJAB & ORS.

JUDGEMENT

(1.) Petitioner, by way of instant petition under Sec. 482 of the Code of Criminal Procedure ('Cr.P.C.' for short), seeks quashing of the impugned FIR No. 69 dated 3.12.2014 under Sections 447/511/427 of the Indian Penal Code ('IPC' for short) registered at Police Station Garhdiwal, District Hoshiarpur and consequential criminal proceedings arising therefrom.

(2.) Notice of motion was issued and pursuant thereto, reply was filed on behalf of the official respondents. A separate reply was filed on behalf of respondent No.5

(3.) Learned senior counsel for the petitioner submits that apprehending mischief by the complainant, petitioner filed civil suit for declaration and permanent injunction qua land in dispute, vide Annexure P-2. Petitioner also moved an application under Order 39, Rule 1 and 2 read with Sec. 151 Code of Civil Procedure seeking interim injunction and the said application came to be allowed by the learned court of competent jurisdiction, vide order dated 5.5.2014 (Annexure P-3). Petitioner also filed a complaint against the defendants of the above said civil suit, vide Annexure P-4. Petitioner had to move a complaint before the police authorities vide Annexure P-7, but no action thereon was taken and the petitioner approached the learned court of competent jurisdiction by moving an application under Sec. 156 (3) Crimial P.C., vide Annexure P-8.