MOTA SINGH Vs. EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal procedure (hereinafter referred to as 'the Code') for quashing the proceedings initiated under Section 145 of the Code and pending in the Court of Executive Magistrate, Amritsar.

(2.) THE facts necessary for the disposal of this petition are that Amrik Singh, respondent No. 2 herein, addressed a complaint dated 19.8.1994 (Annexure P-1) to the Station House Officer, Police Station, Chheharta Sahib, alleging therein that on 18.8.1994 at about 11.00 a.m. he was detained at the said Police Station, and his absence, Mota Singh along with others, with the help of police demolished the chhabeel (a small place for storing water). It has been further stated that all those persons were drunk and were abusing his family members and that Mota Singh had threatened him with dire consequences. He sought protection from the said S.H.O.

(3.) ON the said complaint (Annexure P.2), the Executive magistrate made a note 'to be discussed with D.C.'. Thereafter the said Executive Magistrate inspected the spot in dispute on 22.8.1994, made enquiries on the spot and recorded his report dated 22.8.1994 (Annexure P.3) stating therein that due to the said illegal action of Mota Singh with the help of others, there was a lot of resentment in the village and an apprehension of breach of peace. Consequently, proceedings under Section 145 of the Code have been initiated.