GHAMAN SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure for quashing of order dated 14.7.2006, Annexure P.4, passed by the learned Sessions Judge, Narnaul vide which revision petition filed by the petitioner against the order of Sub Divisional Magistrate, Mahendergarh was ordered to be dismissed.

(2.) THE respondents herein filed a petition under sections 145/146 of the Code of Criminal Procedure (for short the Code) before the learned Sub Divisional Magistrate on the basis of which DDR was recorded. It is also pertinent to notice here that besides initiation of proceedings under sections 145/146 of the Code a calandera under sections 107/151 of the Code was also presented against the parties.

(3.) THE order passed by S.D.M. was challenged by the petitioner herein before the learned Additional Sessions Judge, Narnaul on the plea that the order passed was ex parte at his back without giving any notice to the petitioner. It was also the contention of the learned counsel for the petitioner that the petitioner herein had filed a civil suit titled Ghaman Singh v. Dalip Singh and others and order of status quo was passed by the learned Civil Judge on 7.9.2005 the said order was still in force and therefore, no parallel proceedings could be initiated.