GURBAKSH SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. by the petitioners for setting aside the order dated 17.10.2001 passed by the Additional Sessions Judge, Muktsar, whereby he has set aside the order dated 25.9.2000 passed by the Sub Divisional Magistrate, Muktsar for initiating the proceedings under Sections 145/146 Cr.P.C.

(2.) The brief facts of the case are that one Bohar Singh was owner of the land in dispute. In a tragic incident, he along with his wife Manjit Kaur and his minor son Lakhbir Singh died on 31.12.1999 when their jeep fell into Rajasthan canal. The deceased Bohar Singh did not leave any legal heir from his paternal side. His parents had died in his childhood. He was not survived by any grandfather, grandmother, father's brother or brother or sister of his own. The legal heirs of Bohar Singh from maternal side, who are respondents No. 2 to 8 in this petition, had taken possession of the land and started cultivating the same. They claimed that Lakhbir Singh son of Bohar Singh being youngest, was presumed to have died subsequent to the death of his parents, therefore, the estate left by his parents was inherited by him and since there was no other legal heir from the paternal side, legal heirs from the maternal side were entitled to succeed the land in dispute. Respondents No. 2 to 8 came into possession of the land in dispute and khasra girdawari was ordered to be corrected in their names by the Asstt. Collector IInd Grade, Muktsar vide order dated 5.4.2000. The petitioners, who claimed themselves to be the legal heirs of the deceased from the paternal side, filed an appeal against the aforesaid order of correction of khasra girdawari in the Court of Collector, Muktsar. The said appeal was dismissed vide order dated 26.7.2000 while holding that respondents No. 2 to 8 were in possession of the disputed land.

(3.) During the pendency of those proceedings, the police of Police Station Bariwala filed a Calendra in the Court of S.D.M., Muktsar to initiate the proceedings under Section 145 Cr.P.C. with regard to the said land. Vide order dated 19.4.2000, S.D.M., Muktsar dismissed the said Calendra while holding that respondents No. 2 to 8 were in physical and exclusive possession of the land in dispute and, therefore, the same cannot be attached under Section 145 Cr.P.C. However, it was directed that in case any party tries to breach peace, security proceedings under Sections 107/151 Cr.P.C. be initiated against them.