SIRI RAM Vs. LAL CHAND

JUDGEMENT

(1.) Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (in short, the Code) for quashment of proceedings initiated against them under Section 145 and the order passed under Section 146(1) of the Code.

(2.) BRIEF backdrop of the case is that petitioners are tenants of respondents. Respondents filed ejectment petition against the petitioners and their father in the Court of Assistant Collector I Grade who passed the ejectment order against the petitioners on 31.10.1969. Petitioners filed appeal before the Collector, Ferozepur, which was allowed on 28.12.1970. The respondents managed to recover possession of the disputed land from the petitioners on the basis of the ejectment order passed by the Assistant Collector I Grade. Respondents filed an appeal against the order of Collector in the Court of Commissioner, which was accepted by him on 2.5.1973. Petitioners filed appeal against the order of Commissioner before the Financial Commissioner, which was accepted on 9.8.1973 and thus, the orders passed by the Assistant Collector I Grade and of the Commissioner were set aside and the case was remanded to the Assistant Collector for fresh decision.

(3.) PETITIONERS have alleged that after having all these bouts of litigation in the revenue Courts, on 14.6.1986 petitioners filed an application under Section 145 of the Code with regard to the disputed land in the Court of S.D.M., Abohar. Order under Section 145 of the Code was passed on 8.7.1986 and on 28.11.1986 the learned SDM passed the order under Section 146 of the Code. In this order, he has mentioned that "the applicants (respondents) have placed on record the copy of jamabandi for the year 1982-83 and khasra girdawari for kharif 1985 and rabi 1986. The respondents (petitioners) produced the copy of rapt roznamcha No. 398 dated 27.5.1986. After perusing the record, I am of the view that there can be apprehension of dispute between the parties regarding possession of land...." Further observing that "breach of peace can take place at any time," he attached the disputed land and appointed girdawar halqa as receiver.