MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MALKIAT Singh petitioner seeks quashing of the initiation of proceedings under Section 145 Cr.P.C. and the subsequent proceedings before the Sub Divisional Magistrate, Kapurthala alleging the same to be abuse of the process of the court.

(2.) THE relevant facts alleged are that the land in dispute measures 67 kanals 9 Marlas. It forms part of Khasra Nos. 3009, 3013 and 3015. The land was in possession of one Gian Nath though the Punjab Wakf Board was the owner of the same. After the death of Gian Nath, petitioner came in possession of the land. One Puran Nath took Rs. One lac for not interfering in the possession of the petitioner. The petitioner even paid the requisite lease money to Punjab Wokf Board. Thereafter the petitioner installed a tubewell, constructed a kotha and built a residential house. He got a domestic electric connection in his name. Since the land was valuable, certain persons like Municipal Councillors tried to interfere in possession of the petitioner. Petitioner filed a suit for permanent injunction against the one Thakur Dass to protect his possession. Temporary injunction was granted. Eventually the suit was decreed. Said Thakur Dass being an influential persons prompted respondent No. 2 to file an application to the police authorities so that proceedings under Section 145 Cr.P.C. could be initiated.

(3.) IT is contended that inspite of the pendency of the civil litigation, the Sub-Divisional Magistrate illegally appointed a regular Receiver after attaching the property. The initiation of the proceedings and appointment of the Receiver by the Sub-Divisional Magistrate is challenged to be illegal a asserting that the petitioner was admittedly in possession. In these circumstances, the proceedings could not be initiated nor there was any question of appointment of Receiver. In any case when the matter is before the civil court, there was no occasion for initiation of such proceedings.