HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has knocked at the door of this court by filing this petition under Section 482 of the Code of Criminal Procedure praying for quashment of a composite order dated 7.5.2007 (Annexure P-2) passed by Sub Divisional Magistrate, Batala, under Sections 145 and 146(1) of the Code of Criminal Procedure.

(2.) LEARNED counsel appearing for the petitioner has vehemently contended that the order passed under Sections 145 and 146(1) of the Code of Criminal Procedure is illegal and against the spirit of Section 145 of the Code of Criminal Procedure since the learned Sub Divisional Magistrate was duty bound to give an opportunity to the parties to adduce their evidence or make their claim in respect of the fact of actual possession of the subject-matter. Learned counsel has further contended that the learned Sub Divisional Magistrate, while passing the impugned order dated 7.5.2007, though has given a chance to the parties to appear before him on 10.5.2007 and to present their respective claims, but he could not have passed orders under Section 146(1) of the Code of Criminal Procedure on the same date except in the cases of emergency, whereas the impugned order and the circumstances do not disclose any emergency in the matter. Learned counsel has further brought to the notice of this Court that since the petitioner was never given any opportunity to prove before the learned Sub Divisional Magistrate as to his possession of the land, which is clearly supported by the report of the Naib Tehsildar dated 19.1.2004 and also by both the orders of the learned Sub Divisional Magistrates dated 30.1.1995 (Annexure P-3) and 26.4.2004 (Annexure P-5) and therefore, the orders passed by the learned Sub Divisional Magistrate are arbitrary, illegal and are liable to be set aside.

(3.) HAVING heard learned counsel for the parties and going through the record of the case, I am of the considered view that this petition has got no merit and the same is liable to be dismissed for the reasons to be recorded hereinafter.