GURINDER KAUR Vs. SUB DIVISIONAL MAGISTRATE AND ORS.

JUDGEMENT

(1.) GURINDER Kaur has filed the instant petition under Section 482 of the Code of Criminal Procedure (in short -'the Code') for quashing the kalandra dated 18.07.2006 (Annexure P -7) under Section 145 of the Code and order dated 03.08.2006 (Annexure P -10) passed by learned Sub Divisional Magistrate, Bagha Purana, initiating proceedings under Section 145 of the Code and appointing Tehsildar Bagha Purana as Receiver of the disputed land under Section 146 of the Code, and for quashing all consequential proceedings.

(2.) PETITIONER is widowed daughter -in -law of respondentNo. 3. The dispute relates to inheritance of disputed land from petitioner's husband Yadwinder Singh. The petitioner claims a registered Will in her favour. Petitioner filed civil suit Annexure P -3 against respondentNo. 3 and others, whereas respondentNo. 3 and another filed civil suit against the petitioner (Annexure P -4). In that suit, ex -parte order dated 19.08.2005 (Annexure P5) was passed by the civil court directing the parties to maintain status quo over the disputed property. The said order of status quo was confirmed vide order dated 13.03.2006 (Annexure P -6). Thereafter, the police filed the impugned kalandra dated 18.07.2006 (Annexure P -7) for initiating proceedings under Section 145 of the Code. Vide order dated 18.07.2006 (Annexure P -8), both the parties i.e. petitioner and respondentNo. 3 were directed to appear before the Sub Divisional Magistrate on 25.07.2006, along with their documentary evidence. Thereafter, learned Sub Divisional Magistrate, vide detailed order dated 03.08.2006 (Annexure P -10) ordered to initiate proceedings under Section 145 of the Code and directed the parties to appear on 24.08.2006 to adduce their evidence under Section 145(4) of the Code. Simultaneously, Tehsildar Bagha Purana was appointed as Receiver to take the disputed land into his possession and to make appropriate arrangement for the same. Feeling aggrieved, the petitioner has filed the instant petition.

(3.) ON the other hand, learned Counsel for respondentNo. 3 contended that since there was only status quo order of the civil court, and there was apprehension of breach of peace, the Magistrate was competent to initiate proceedings under Sections 145 and 146 of the Code. Reliance in support of this contention has been placed on four judgments in the cases of Jaswant Singh v. State of Punjab reported as, 1997 (3) R.C.R. 705, Mukhtiar Singh v. State of Punjab reported as, 1997 (3) R.C.R. 14, Pushpinder Kaur v. Sub Divisional Magistrate Rajpura reported as, 1997 (3) R.C.R. 315 and Roshni Devi v. State of Haryana reported as, 1999 (1) R.C.R. 163.