MUKHTIAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MUKHTIAR Singh, Balbir Singh and Lakhbir Singh have filed the present petition under Section 482, Cr.P.C. for the quashment of Kalendra (police complaint) under Section 145 Cr.P.C., dated 18th April, 1997 (Annexure P1), and the order dated 22nd April, 1997, under Section 146, Cr.P.C., vide which the receiver was appointed for the land in dispute.

(2.) LET me examine the background of the facts. Annexure P3 indicates that on 29th November, 1996 Sarvshri Balbir Singh, Lakhbir Singh, Mukhtiar Singh i.e., the present petitioners, filed a suit to the effect that plaintiffs Nos. 1 and 2 are owners of 3/4 share of the land measuring 35 Kanals 8 Marlas, and plaintiff No. 3 is owner of share i.e. land measuring 11 Kanals 3 Marlas bearing Khata Khatoni Nos. 426/490, Rectangle and Killa Nos. 152/14, 15/2, 15/3, 16, 17/1, 25, 186/1, 187/5, situated at Patti, District Amritsar, according to the Jamabandi for the year 1993-94. In para No. 2 of the said plaint it has been alleged that Smt. Gurdip Kaur sold land measuring 23 Kanals 12 Marlas, i.e., share of land measuring 47 Kanal 3 Marlas in favour of plaintiff Nos. 1 and 2 for a sum of Rs. 2,16,500/- vide registered sale deed dated 22nd May, 1996 and the mutation was also sanctioned on the basis of the sale deed in the names of said plaintiffs. Then Balbir Singh son of Dara Singh, defendant No. 2, sold land measuring 11 Kanals 16 Marlas, i.e., share out of the land measuring 47 Kanals 3 Marlas in favour of plaintiff No. 3 Mukthiar Singh vide registered sale deed dated 8th October, 1996 for a sum of Rs. 1,06,500/-. The possession of the suit land was also delivered by Balbir Singh son of Dara Singh to Mukthiar Singh, and mutation was also effected in respect thereto. Thereafter an exchange took place vide which Jaswant Singh son of Dara Singh exchanged land measuring 11 Kanals 16 Marlas, i.e., share of the land measuring 47 Kanals 4 Marlas, with plaintiffs Nos. 1 and 2 and the said plaintiffs gave land measuring 11 Kanals 17 Marlas to Jaswant Singh defendant and this exchange was oral and possession on the basis of oral exchange was delivered to each other, though mutation No. 13422 was effected. In this manner, plaintiffs Nos. 1 and 2 are the owners to the extent of 3/4 share on the basis of the sale deed and exchange deed and plaintff No. 3 is the owner to the extent of share out of the suit land and the defendants had no right, title or interest. The plaintiffs allege that they are being threatened by the defendants from their possession and in these circumstances it has become necessary on their part to file a suit for declaration and injunction.

(3.) NOT satisfied with the Kalendra (P1) and the order (P2), the present petition has been filed by the three petitioners, alleging that the action on the part of the Police as well as the action on the part of the Executive Magistrate was nothing but an abuse of the process of law, specially in the light of the civil suit (P3) and the order of the Civil Judge (Junior Division) (Annexure P4).