SURAIN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) SURAIN Singh and others through present petition filed by them under Section 482 of the Code of Criminal Procedure seek quashing of orders, Annexures P-2 and P-3, passed under Sections 145 and 146 Cr.P.C. by the Sub Divisional Magistrate, Hisar.

(2.) BRIEF facts of the case reveal that petitioners are owners in possession of fields comprised in Khasra Nos. 1382 (25, 24, 23, 22, 21), 1384 (25-21) and 1385 (25-21) situated in the revenue estate of village Peeranwali, District Hisar. It is pleaded and so argued by learned counsel appearing for the petitioners that as per the revenue record i.e. AK sajra, Jamabandi and other relevant documents, there exists no path on the said fields which might lead towards the fields of the respondents. However, with a view to establish such a right, as has been mentioned above, respondents filed a civil suit, during the currency of which they also maintained an application under order 39 rules 1 and 2 read with Section 151 C.P.C. for grant of interim injunction. The matter came up for hearing before the Subordinate Judge, Hissar and vide his order dated 21.9.1994 injunction was specifically declined. It is thereafter that the respondents approached the police of the area which referred the matter to the S.D.M., Hissar for initiating proceedings under Section 145/146 Cr.P.C. on 9.11.1994 and it is on the same day that order under Section 145/146 Cr.P.C. was passed.

(3.) BEFORE I part with this order, I would like to mention that learned counsel for the respondents has brought to my notice that there is no path provided to the fields of the respondents during consolidation proceedings and the Deputy Commissioner being appraised of the situation is looking into the matter. She further states that no paths were provided during consolidation proceedings and the landowners/proprietors were going to their fields through the path of each other by consent and brotherhood. No such point was ever raised before the Civil Court. If, however, there be some substantial evidence available to the respondents on the point, referred to above, it shall be open for the respondents to make an application under order 39 rule 4 C.P.C. before the Civil Court.