MADAN LAL Vs. KRISHAN LAL

JUDGEMENT

(1.) THE petitioners seek the quash of the proceeding launched against them under Section 145, Criminal Procedure Code, as a result of police report dated September 22, 1986 (Annexure P.2) to the effect that there was apprehension of breach of peace with regard to the possession of the agricultural land specified therein. As a result of this the Sub Divisional Magistrate, Zira, passed the following order (Annexure P.3) on the same day, i.e. September 22, 1986 :-

(2.) IN response to the above notice served on the petitioners as also respondents the petitioners filed their statement of claim along with a copy of the plaint (Annexure P.1) through which the respondents had sought the possession of this very property through the Civil Court. The meaningful paragraph occurring in this plaint is No. 16 which reads as under :-

(3.) IN the light of the observations made above, I allow this petition and while quashing the proceedings under Section 145, Cr.P.C., as also the attachment order passed under Section 146, Cr.P.C., direct that the Sub Divisional Magistrate may proceed under Section 107, Cr.P.C., if he so likes. The learned Counsel for the petitioners tells me that as a matter of fact the Magistrate has already adopted this course and the proceedings under Section 107, Cr.P.C., are pending between the parties. If that be so, then the Magistrate need not take any further action in the light of this order of mine.