PREM CHAND JANGRA (NOW DECEASED) THROUGH HIS REPRESENTATIVE JAI PAL PANCHAL Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This revision petition is directed against the order dated 6.8.2013 passed by Additional Sessions Judge, Kurukshetra, accepting the revision petition filed by respondents No. 2 to 8 and setting aside the order dated 20.6.2011 passed by Sub Divisional Magistrate, Thanesar.

(2.) Briefly stated, facts of the case are that SHO, Police Station, City Thanesar, has filed a Calendera under Section 145 Cr.P.C. in the Court of Sub Divisional Magistrate, Thanesar, on 18.6.2011 stating therein that there is a Vishavkarma Mandir Sabha, registered at Kurukshetra, in existence since the year 1978-79. In the election of the said Sabha, persons from Dhiman, Panchal, Ramgaria and Jangra communities are elected to the post of President and other office bearers to manage the affairs of that institute. That Sabha was running a Vishavkarma High School also. However, differences arose between Subhash Dhiman, Sukhbir Dhiman, Ramesh Dhiman, Maidayal, Jai Bhagwan, Joginder Kumar Dhiman, Vir Dutt, Amar Singh Dhiman, Roshan Lal and Raj Kumar - the first party, as well as, Prem Chand Jhangra, Man Singh, Harcharan Singh, Jayant Panchal and Jaipal Panchal the second party. On 4.5.2011, the first party had stolen the goods from the aforesaid institution and after taking illegal possession, locked the office of the institution, though the lock was opened on 5.6.2011, but no office bearer of the second party was allowed to go inside, rather threats of elimination were given if any person from second party entered the institution. The first party had deleted the name of Vishavkarma Mandir Sabha from the main gate of Vishavkarma Sabha replacing it with Dhiman Brahman Panchayat Sabha, Kurukshetra. A situation arose causing danger to life and property of the persons from second party, where the latter could commit any cognizable offence, though the persons from second party did not want to create any dispute. Though a meeting of all the four communities was called, but to no effect. Prem Chand Jangra, President of Vishavkarma Mandir Sabha, had filed a civil suit on 8.6.2011. Both the parties had instituted their rights for the temple and Dharmshala. Under the circumstances, there was apprehension of disturbance to the public peace and tranquillity, as well as, commission of cognizable offence. Therefore, a prayer was made that proceedings under Section 107/150 Cr.P.C. be initiated against both the parties and a Receiver be appointed.

(3.) Learned SDM, Thanesar, after hearing both the parties and going through the evidence adduced by them, as well as, record, came to the following conclusion:-