JOGINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is petition filed by Joginder Singh and another (hereinafter described as 'the petitioners') under section 482 Cr.P.C. praying that proceedings under Section 145 of the Code of Criminal Procedure pending in the Court of Sub Divisional Magistrate, Garhshankar be quashed.

(2.) THE relevant facts are that petitioners had instituted a suit against respondents 3 to 11 to the court of Senior Sub Judge, Garhshankar. On 25.3.1995 the civil court held that petitioners and one Gurbachan Singh are owners in equal shares of the land measuring 46 kanals 14 marlas situated in village Manila, Tehsil Garhshankar on basis of the Will dated 24.9.1990 executed by Batna Singh in favour of the petitioners and respondent No. 11 and that petitioner No.1.is owner in possession of the tubewell. Even a permanent injunction was issued restraining the contesting private respondents from dispossessing the petitioners from the suit property. Against the said judgment and the decree of the civil court, an appeal is pending before the District/Additional District Judge, Hoshiarpur.

(3.) THE grievance of the petitioners is that despite the judgment and the decree of the civil court, the Sub -Divisional Magistrate acting under Section 145 Cr.P.C. issued notice to the petitioners. The said notice does not take into consideration the judgment of the civil court and it is contended that parallel proceedings cannot be started. Accordingly, it is prayed that the same be quashed.