PAWAN KUMAR Vs. SANJAY KUMAR AND ORS.

JUDGEMENT

(1.) The present revision petition has been preferred against the judgment dated 09.02.2015, passed by learned Additional Sessions Judge, Hisar, whereby the order dated 22.04.2014 passed by the learned Sub Divisional Magistrate, Hisar under Section 145 of the Code of Criminal Procedure, 1973 (here-in-after called the Cr.P.C.) has been set aside and the matter has been remanded back to the Sub Divisional Magistrate, Hisar with a direction to pass afresh order determining the possession of the parties as on 08.11.2012 or before two months therefrom. He has also been directed to consider the question regarding maintainability of the proceedings under Section 145 Cr.P.C. in the wake of pendency of the civil suit between the parties.

(2.) Petitioner Pawan Kumar moved an application to the Incharge Police Post City, Hisar on 07.11.2012 pleading himself to be the owner in possession of a service station and a showroom at Tayal Garden, Barwala Road, Hisar near Bishnoi Hospital, Hisar. He is carrying the business therein in the name of Haryana Service Station. Respondent Sanjay Kumar, who is his son, was given the ground floor of the building as a licencee in which he was carrying on the business of vehicles in the name of Bimla Automobiles. On 14.4.2011, the showroom was got vacated from Sanjay Kumar. However, he came along with 4-5 bad elements with 2/3 scooters etc. with intent to forcibly take the possession and started quarreling and threatening the petitioner. The Incharge of the Police Post, acting on the application of the petitioner, went to the spot and fearing apprehension of breach of peace, got recorded the Daily Diary Report No.12 dated 07.11.2012 and filed the complaint/Calendra under Section 145/146 Cr.P.C. in the Court of the Sub Divisional Magistrate, Hisar.

(3.) After perusing the report and statements, the learned Magistrate vide order dated 09.11.2012 appointed the Tehsildar as a receiver under Section 146 Cr.P.C. to take the possession of the Haryana Service Station and showroom constructed thereon. In compliance of the said order, the Tehsildar acting as a receiver took the possession thereof on 16.11.2012.