MAJOR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge here is to proceedings under Section 145 of the Code of Criminal Procedure, 1973.

(2.) THE record shows that on May 11, 1987, a statement was made by the parties, including the present petitioner in the civil suit pending between them pertaining to the land in question to the effect that they had surrendered possession of the land to respondent No. 2 and the suit may consequently be dismissed as withdrawn. It was so ordered and at the same time, the earlier order directing the parties to maintain the status quo regarding possession of the land in suit was also vacated. Three days later, however, on May 14, 1987, the present petitioner filed a fresh suit for possession of 36 bighas and 5 biswas of land which was also the subject matter of the earlier civil suit. In this later suit, the petitioner obtained an exparte order directing status quo regarding possession to be maintained. It would be recalled that the earlier suit had been dismissed as withdrawn on the statement of the petitioner and the other parties that possession of the land had been surrendered to respondent No. 2. In these circumstances, no exception can be taken to the initiation of proceedings under Section 145 of the Code of Criminal Procedure, 1973. This petition is accordingly hereby dismissed. Parties are directed to appear before the Sub-Divisional Magistrate, on February 18, 1988. Petition dismissed.