ANANTBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by Anantbir Singh petitioner under section 482 Cr.P.C. with a prayer that the proceedings initiated on the report submitted by Sh. Chandgi Ram. S.H.O. Police Station, Guhla dated 29.1.1985 and warrants of attachment issued by respondent No. 2 vide his order dated 8.2.1985 and other proceedings pending in the Court of respondent No. 2, be quashed.

(2.) ON a report submitted by Guhla police, S.D.M. Guhla, respondent No. 2 started proceedings under section 145 Cr.P.C. against the parties and attached the property in dispute and appointed a Receiver vide his order dated 8.2.1985.

(3.) THE main and the only contention raised by the learned counsel for the petitioner is that it stands established on the basis of the revenue record and the judgments of the Civil Court that the petitioner was in possession of the property in dispute, so no proceedings under section 145 Cr.P.C. were competent. The learned counsel for the petitioner has relied upon to Civil Court Judgments, copies of which are Annexures P6 and P8 to support his contention that he was in possession of the dispute land. In a suit for permanent injunction against the petitioner and some others, one Achhar Singh was claiming title of the property in question on the basis of an agreement for sale entered into by the husband of respondent No. 6 about the dispute land. This suit was dismissed by Sh. Sharnagat Singh, Sub Judge First Class (Spl) Patiala vide his order dated 27.2.1981. The copy of the same has been annexed as Annexure P6 with the petition. Another judgment of the Civil Court relied upon by the learned counsel for the petitioner is Annexure P8 wherein the petitioner had filed a suit for permanent injunction against respondents 5 and 6. The claim of the petitioner that he was in possession of the land was upheld by the Sub -Judge and the respondents were restrained from interfering with the possession of the petitioner vide his order dated 13.2.1982. In view of this evidence, I don't think, respondent No. 2 was competent to initiate, the proceedings under section 145 Cr. PC, regarding the dispute of the property. This petitioner is thus allowed and the proceedings pending in the Court of S.D.M. Guhla, respondent No. 2 are quashed. Petition allowed.