S GURDIAL SINGH Vs. ABHEY DASS

JUDGEMENT

(1.) THIS is a petition under Section 561-A of the Code of Criminal Procedure for quashing the orders dated May 11, 1965, passed by Magistrate 1st Class, Delhi directing the issue of process to compel the appearance of the petitioners as accused under Sections 447, 379, 427, 34 of the Indian Penal Code. A prayer for revision (under Section 439 of the Code of Criminal Procedure) of the order of the trial court dated December 6, 1965, refusing to discharge the petitioners under section 253 (2) of the Code of Criminal Procedure, which orders have been upheld in revision by the learned Additional Sessions Judge, Delhi, on March 1, 1966, has also been added to the petition.

(2.) THE criminal proceedings are an outcome of a dispute between Mahant Santokh dass, who claims to be an occupancy tenant of the entire land comprised in khasra No. 129, Civil Station, Delhi, on the one hand and the Gurdwara prabandhak Committee, Sis Ganj, Chandni Chowk , Delhi, who claim to be the owners of that property, on the other hand. Gurdial Singh, Santokh Singh and tara Singh petitioners have been brought into the picture as they are respectively the Manager, Secretary and Sewadar of the Gurdwara Prabandhak Committee named above, the last named being a Sewadar of Gurdwara Majnu Tila, Civil lines, Delhi, which Gurdwara is admittedly situated on a part of Khasra No. 129. Mahant Abhey Das, the plaintiff-respondent, has claimed to be the general attorney of Mahant Santokh Das aforesaid. It is admitted that the dispute to the ownership of at least some part of, the land in question was the subject-matter of a civil suit which was filed by Bawa Santokh dass on August 26, 1955, for a declaration to the effect that he was in possession of the land measuring 27 Bighas and 8 Biswas falling in Khasra No. 129 as a dholidar and as an occupancy tenant and for a permanent injunction restraining; the Gurdwara Prabandhak Committee aforesaid from interfering with his possession and from building any Structure on the said land. The date of institution of the suit has been taken by me from the judgment of the trial Court in that suit, Suit No. 388 of 1955, which has been placed on record of this case in the trial Court by the complainant.

(3.) IN the suit filed by Mahant Santokh Dass, issue No. 2 was to the following effect:--