GURMEJ SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition filed by Gurmej Singh (hereinafter described as 'the petitioner') under Section 482 of the Code of Criminal Procedure seeking quashing of the impugned orders dated 2.5.1996 passed by the Executive Magistrate, Panipat under Sections 145 and 146 of the Code of Criminal Procedure.

(2.) THE relevant facts alleged by the petitioner are that respondent No. 2 was owner in possession of agricultural land measuring 42 Kanals 9 Marlas. In August, 1989 respondent No. 2 entered into an agreement with the petitioner to sell 32 Kanals out of the above said land. Rs. 1,74,000/- were paid as earnest money. It is asserted that petitioner was put in possession of the land measuring 32 Kanals. The remaining amount of Rs. 30,000/- was to be paid at the time of registration. Petitioner claims to be in continuous cultivation possession over the said land. In December, 1989 the petitioner constructed a pucca residential house and cattle-shed in Khasra No. 114/7. He also made an application to the Tehsildar for certification of residential house. It was certified that petitioner has constructed residential house.

(3.) PETITIONER 's grievance and the ground seeking quashing of the order is that he is not in cultivating possession of the property in dispute. Once the civil suit is pending and dispute of possession is before the civil court, the Executive Magistrate could not take up the same issue and pass orders under Section 146 Cr.P.C.