JAGAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 482 of the Code of Criminal procedure for quashing the FIR dated 4.6.1994 (DDR No. 10) registered under Section 379 of the Indian Penal Code by Police Station Julkan, District Patiala and consequent proceedings taken hereunder.

(2.) THE facts of the case are that on 16th April, 1994 petitioner No. 1 filed a civil suit against the Gram Panchayat/Gram Sabha, Village Tiwana, Tehsil and District Patiala, for permanent injunction restraining the defendant from preventing the plaintiff petitioner from harvesting the crop standing on the disputed land measuring 36 bighas 17 biswas situated in village Tiwana. The plaintiff petitioner No. 1 filed an application under Order XXXIX rules 1 and 2 read with Section 151 of the Code of Civil Procedure for the same purpose. On 18.4.1994 an ex -parte order was passed to that effect in favour of the plaintiff petitioner No. 1. Notice was issued to the defendant and this ex -parte injunction order was confirmed on 2.5.1994. The defendant Gram Panchayat filed Appeal No. 148 of 1994 in the Court of Additional District Judge, Patiala, which was allowed vide order dated 24.5.1994 and the trial court's order was set aside holding that possession of the disputed land has already been taken by the Gram Panchayat and it has deposited compensation on 11.4.1994 as ordered by the revenue authorities. The petitioner No. 1 filed Civil Revision No. 237 of 1994 in the High Court. Vide order dated 26.5.1994 status quo with regard to possession as existed on that day was ordered to be maintained.

(3.) PETITIONER No. 1 filed an application before the Naib Tehsildar, Dudhan Sudhan, Patiala praying that in view of the stay order granted by the High Court he may be permitted to thrash his crop. The Naib Tehsildar called for the report of the Halqa Patwari, who submitted his report on 31.5.1994 admitting that he has not received any such order. The petitioner's contention is that the sarpanch of the village is influential man. He has got the impugned FIR registered against the petitioner for allegedly committing the offence under Section 379 of the Indian Penal Code as in the FIR dated 4.6.1994 it is mentioned that they had thrashed the wheat crop standing on the disputed land on the night of 1st June 1994 and had taken away the crop.