HARBANS SINGH Vs. BHOLO

JUDGEMENT

(1.) THIS is a petition under section 482, Cr.P.C. praying therein that the order of Shri Raminder Singh, Executive Magistrate, Bhatinda dated 28th August, 1994, be quashed.

(2.) THE facts which gave rise to the petition are that for a piece of agricultural land situated in village Kili both the parties claimed to be in possession. Smt Bholo respondent No. 1 filed a civil suit for permanent injunction against the petitioners wherein status quo was ordered by the Civil Court holding that neither of the parties have been able to substantiate its actual possession. Since both the parties are claiming to be in possession of the aforesaid land and there was likelihood of the breach of the peace, police of Police Station Nehianwala forwarded a Calender under section 145 Cr.P.C. to the Court of Sub -Divisional Magistrate, Bhatinda. The Sub -Divisional Magistrate after hearing the parties, appointed a Receiver exercising the powers under section 146 (2) Cr.P.C. Against the aforesaid order of the S.D.M. the petitioners filed a revision in the Court of Sessions Judge, Bhatinda which was dismissed on the ground that the order of the S.D.M. being interlocutory, was not revisable. Hence this petition.

(3.) THE only ground taken by the learned counsel for the petitioners is that since civil Court was seized of the matter and status quo had been ordered, no order under section 146 (2) Cr.P.C was called for. Mr. R.S. Ghai has relied upon a Single Bench authority of this Court wherein this proposition has been supported. On the other hand, Mr. Sangha has placed reliance on a Division Bench decision of this Court in Mohinder Singh v. Shri Dilbagh Rai, 1976 P.L.R. 803,where their Lordships were pleased to hold that the order of status quo is no bar to proceedings under section 145. Cr.P.C. In view of this Division Bench judgment, this petition is to fail which is dismissed hereby. Petition dismissed.