BALBIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BALBIR Singh son of Jasmer Singh, Petitioner herein, has approached this court under Section 482 Cr.P.C. for quashing the Calendra under Section 145 Cr.P.C. dated 6.12.1995 (Annexure P.2), the order dated 29.5.1996 passed by the second-respondent-Sub Divisional Magistrate, Guhla (Annexure P.3) and also the order passed by him on the same date under Section 146 Cr.P.C. (Annexure P.4).

(2.) SUB Inspector-Station House Officer, Police Station Guhla presented a Calendra under Section 145 Cr.P.C. on 6.12.1995 before the Sub Divisional Magistrate, Guhla, arraying the respondents 3 to 9 herein namely Amar Singh son of Jangir Singh and others as the first party and Karnail Singh, Kehar Singh and Richpal Singh (respondents 10 to 12) herein as the second-party. He had alleged therein that the forefather of Jangir Singh (first-party), Lakhmir Singh, Balbir Singh, Karnail Singh sons of Jasmer Singh are mortgagees of the Government land mearusing 46 kanals 9 marlas as described 'in the Calendra, out of which certain portions as mentioned therein were distributed to the persons named therein. He has also mentioned that in respect of these lands while cultivator has been shown to be some person, the girdawari stands in the name of some other person. He further mentioned that on 27.11.1995 Lakhmir Singh and others with the intention to take possession of 12 Kanals and 10 Marlas of land were irrigating the fields while Amar Singh and others objected to the same since it was in their possession from the beginning on the basis of a family settlement. According to the Calendra a quarrel started and Lakhmir Singh got his statement recorded stating that there is a dispute between them and Amar Singh over the land measuring 12 kanals and 10 marlas regarding which cases are pending in Court, that on that day he, along with Jasmer Singh, Bharpur Singh and Charan Singh, was irrigating their fields, that in the meanwhile Amar Singh, Jorawar Singh, Naseeb Singh and others came and attacked in which Jasmer Singh died. It has further been stated in the Calendra that on this statement, Case No. 120 dated 27.11.1995 under Sections 302, 324, 148 and 149 IPC was registered at Police Station Guhla and the accused have been arrested. It has also been stated in the Calendra that both the parties are interested in this land measuring 12 kanals and 10 marlas, which is adjoining the abadi deh and both of them want to be in possession of the land. It has further been stated that the dispute is over the whole of the land measuring 46 kanals and 9 marlas, and therefore, a Receiver be appointed since an unfortunate incident had occurred, and in future also there is every apprehension of unfortunate incidents. So saying the Sub Inspector/SHO requested that proceedings under section 145 Cr.P.C. may be initiated and during the pendency of these proceedings an order under Section 146 Cr.P.C. be made. On the basis of this Calendra (Annexure P.2) the SDM Guhla initiated proceedings under Section 145 Cr.P.C. and also passed an order attaching the lands and appointing a Receiver. This order is dated 29.5.1996 and it mentions that both the parties were summoned, that the Legal Representatives of Jasmer Singh were also summoned, that Balbir Singh appeared in the Court and the rest of the legal representatives did not appear, that parties 1 and 2 filed their written replies while no reply was filed by legal representatives of Jasmer Singh, and that counsel for the parties were heard.

(3.) THAT is why the petitioner Balbir Singh one of the sons of Jasmer Singh has approached this Court for quashing the Calendra and the orders passed by the Sub Divisional Magistrate. He impleaded the first and second parties to the Calendra (as respondents 3 to 12) as also Lakhmir Singh, Bharpur Singh, Darshan Singh and the other sons of Jasmer Singh (as respondents 13 to 15).