PRITAM SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code') the petitioner Pritam Singh has sought the quashing of a notice under Section 145(1) of the Code of dated June 12, 1985, issued by the second respondent Sub Divisional Magistrate, Ludhiana.

(2.) THERE is a land dispute between the petitioner and Sucha Singh, respondent No. 3. The petitioner filed a civil suit against this respondent and others for the declaration that he is owner in possession of the disputed land situated in village Lehra, District Ludhiana. On an application of the petitioner the trial Court ordered the maintenance of status quo in respect of the land during the pendency of the suit. Subsequently, at the instance of Sucha Singh respondent, the police initiated proceedings under Section 145 of the Code regarding the disputed land in the Court of the Sub Divisional Magistrate, Ludhiana, respondent No. 2. This respondent has issued the impugned notice under Section 145(1) of the Code calling upon the parties to appear before him on a specified date to put in their respective claims vis-a-vis the land in dispute.

(3.) AS a result of what is stated above, the instant revision is allowed and the impugned notice dated June 12, 1985 issued by respondent No. 2, is hereby quashed. Revision allowed.