NARINDER KUMAR Vs. SUB DIVISIONAL MAGISTRATE, KARNAL

JUDGEMENT

(1.) - Narinder Kumar petitioner seeks quashing of the order passed by the Sub Divisional Magistrate, Karnal in proceedings under Section 145 of the Code of Criminal Procedure whereby the land in dispute has been attached.

(2.) THE relevant facts alleged are that petitioner had two brothers Rajinder and Surinder. Surinder is respondent No. 6. They were having joint land measuring 113 Kanal-19 Marlas comprised in Khewat No. 61, Khatauni No. 75, Rectangle No. 4, Khasra Nos. 21, 22, 23, 24/1, Rectangle No. 18, Khasra Nos. 1, 2, 3, 4, 7/1, 8/2, 9/1, 13, 14, 16, 18/2, Rectangle No. 19, Khasra Nos. 19/2, 20, 26 and Ractangle No. 140 situated in village Panori, Tehsil and District Karnal. Each of them had 1/3rd share. Rajinder got land in khewat No. 61, Khatauni No. 75, Rectangle No. 4 situated in village Panori. He was unable to cultivate the land himself and is alleged to have given the same to the petitioner for cultivation on payment of 1/3rd batai. An application even had been filed before the Assistant Collector, Gharaunda for correction in favour of the petitioner. Rajinder suffered a decree in favour of respondent No. 6 on 6.11.1993. The mutation was accordingly sanctioned in favour of Surinder Kumar respondent No. 6. It is contended that respondents 2 to 5 fabricated certain documents and stated to have executed at Delhi. Since then the whereabouts of Rajinder are not known.

(3.) BY virtue of the present petition the order passed by the Sub Divisional Magistrate dropping the proceedings is challenged alleging that petitioner is in possession. Merely because the civil suits were pending is no ground to drop the proceedings under Section 145 Cr.P.C.