LATIF AHMED Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN this petition under section 482 of the Code of Criminal Procedure (for short 'the Code') Latif Ahmed (here-in-after referred to as the petitioner) seeks quashing of proceedings under sections 145 and 146 of the Code resulting in two separate orders dated 6-4-1988 (annexures P-2 and P-3) passed by learned Sub-Divisional Magistrate Jagadhri.

(2.) FACTS necessary for the disposal of this petition are that there is a Masjid Patti Nayamatpur at village Talakaur, District Ambala owning inter alia some agricultural land. Noordin uncle of the petitioner was Mohitmim of the Masjid. It is averred that Noordin was competent to execute a Will with respect to the appointment of Mohitmim and in exercise of the said power he executed a Will dated A 12-1981 in favour of the petitioner to the effect that after his death the petitioner will be Mohitmim of the Masjid and its property. During his life time Noordin was cultivating the land belonging to Masjid and Khasra Girdavri was in his name. Certain persons tried to interfere in the possession of Noordin alleging that all the Mohammedan residents of the village collectively had a right to manage the Masjid and its property. Noordin filed a civil suit in July, 1985 against those persons. The suit was entertained by learned District Judge, Ambala, on account of summer vacations. The learned District Judge passed an order dated 29-61985 (Annexure P-1) in that suit. It was an ad-interim injunction restraining the defendant-respondents from interfering in the possession of Noordin. The Suit was entrusted to Subordinate Judge. Ist Class, Jagadhri, for disposal according to law. Noordin died on 31-7-1987. The petitioner (Latif Ahmed) made an application for being brought on record as legal representative of Noordin, deceased, which is pending in the court of Additional Senior Subordinate Judge, Jagadhri. After the death of Noordin, the Mohammedan residents of the village constituted a Committee for managing the Masjid and its property appointing Bashir Ahmed, respondent No. 2 as its president. Bashir Ahmed filed a suit for permanent injunction against the petitioner and another restraining them from interfering in his possession over the land in dispute The learned trial Court granted a temporary injunction in his favour on 9.12.1987. The petitioner filed an appeal against this order, which was admitted to a regular hearing by the learned Additional District Judge, Ambala. who stayed the operation of order granting temporary injunction. That appeal is still pending in the Court of learned Additional District Judge, Ambala. It is further averred that Bashir Ahmed, respondent No 2 got prepared a report from the local police for initiating proceedings under section 145 of the Code with regard to possession over the land belonging to the Masjid. In the report, the Station House Officer. Police Station Chhappar stated that the Masjid owned 8-1/2 killas of land Noordin was its Mohitmim and girdawri of land was entered in his name and he used to cultivate the land. Noordin executed a Will in favour of Latif Ahmed. After the death of Noordin, respondent No. 2 Bashir Ahmed claimed that he had been appointed President of the Managing Committee by the Mohammedan-brotherhood on 15-7-1987 and he wanted to take possession of the land belonging to and in possession of the Masjid. In another parcel of land,, measuring 5-1/2 killas, the said Bashir Ahmed had sugarcane crop which was standing and had ploughed part of land with the intention of taking possession thereof. Case F.I.R. R. No. 103 of 1987, under section 379, Indian Penal Code, P.S. Chhappar, was registered in this connection. It was farther reported that wheat crop was standing in 8-1/2 killas of land which was to ripen soon, Bashir Ahmed obtained a stay order in his favour on 9-12-1987 from the civil court. Latif Ahmed petitioner filed an appeal in the Court of learned District Judge against the stay order and both the parties i e. Latif Ahmed petitioner on one hand and Bashir Ahmed on the other had staked their claims regarding possession of the said 8-1/2 killas of land. Both the parties were making efforts to secure forcible possession of the land. While Bashir Ahmed wanted to take possession of and cut the crop on the ground that he had been appointed Mobitmim by the Mohammedan community, Latif Ahmed petitioner was bent upon taking possession of the land and cut the crop on the ground that there was a Will made by Noordin in his favour. He prayed that after summoning both the parties they may be restrained from cutting the crop and a Receiver may be appointed with respect to the wheat crop to avoid the same from being damaged He added that he was separately initiating proceedings under sections 107/151 of the Code against both the parties to prevent breach of peace.

(3.) AGAINST the above order, Latif Ahmed petitioner filed a revision petition, which was dismissed by learned Additional Sessions Judge, Ambala, by his order dated 5-5-1988 with a finding that no revision was competent. Through this petition Latif Ahmed petitioner has prayed for quashing the orders passed by learned Sub-Divisional Magistrate.