NASIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners have filed this petition under Section 482 Cr.P.C. read with Article 226 of the Constitution of India for quashing the Kalendra and orders passed under Sections 145 and 146 Cr.P.C. on February 22, 1996, and May 13, 1996, Annexures P-2 to P-4.

(2.) BRIEF facts of the case are that respondent No. 3, Smt. Kako filed an application to S.H.O. Police Station, Morinda to the effect that she is owner to the extent of 1/3rd in the well, which is situated in Khatoni No. 142 Khasra No. 2//26 measuring 13 Marlas, but the respondents have forcibly filled the well with mud and threatened her. They have also destroyed the demarcation of this land and intend to take its possession forcibly. They also intend to cut down the fruit trees standing thereon. They have forcibly cultivated her field and intend to include in their own field which bears Khatoni No. 116 Khasra No. 2//21/1/1 measuring 1 K-11 M. They have also constructed Khal on her land forcibly.

(3.) THE petitioners are seeking quashment of this Kalendra as well as these orders passed by the Executive Magistrate. According to them, petitioner Nasib Singh has already filed civil suit bearing No. 377 dated 4.8.1995 against Kako for permanent injunction and declaration copy of the plaint is produced at Annexure P-6. In this civil suit petitioner Nasib Singh has averred that he is owner in possession of land measuring 1 K-7 M comprised in Khasra No. 21//1/2 and mutation entered on the basis of agreement bearing No. 489 dated 14.1.1993 is wrong and illegal. In Para 4 he has also pleaded that the defendant in league with the revenue authorities got entered in her name the mutation of Khasra No. 2//21/1/1 (1 K 13 M) which is wrong and illegal because out of this khasra number, as per the compromise she is entitled to get land measuring 11 Marlas only.