CHANCHAL SINGH Vs. SUJAN SINGH

JUDGEMENT

(1.) THIS is criminal revision No. 3 of 1994 directed against the order of Sub Divisional Magistrate-cum-Executive Magistrate, Hoshiarpur dated 8.12.1993 passed under Section 145(1) of the Code of Criminal Procedure, whereby Sub Divisional Magistrate-cum-Executive Magistrate, Hoshiarpur ordered the possession of the property of Hoshiarpur Express Transport Company Ltd., Hoshiarpur attached and entrusted to the receiver to be restored to the second party-viz. Chairman Sujan Singh, Principal Khalsa College, Garshankar and Sucha Singh son of Jagdev Singh resident of village Tutto Majra, now village Kundla Police Station, Garshankar.

(2.) THERE existed dispute regarding the possession of the office buildings of the Hoshiarpur Express Transport Company Limited, Hoshiarpur between the partners and workers of the said Transport Company, giving rise to apprehension of breach of peace between the partners and workers, the bone of contention being the said property. Police of Police Station Model Town, Hoshiarpur accordingly initiated proceedings under Section 145 of the Code of Criminal Procedure between Chanchal Singh son of Sh. Hukam Singh, resident of Lehli Kalan, Police Station Sadar, Hoshiarpur and Gurmail Singh, Director s/o Bawa Singh, resident of village Jian, Police Station Sadar, Hoshiarpur-first party and Chairman Sujan Singh, Principal, Khalsa College, Garshankar and Sucha Singh son of Jagdev Singh, resident of village Tutto Majra, now village Kundla Police Station Garshankar-second party, upon being satisfied that there was a dispute giving rise to breach of peace regarding possession of the office buildings of the Hoshiarpur Express Transport Company Pvt. Limited between the "first party" and the "second party", and the said dispute could give rise to breach of peace between them and order under sub-section (1) of Section 145 of the Code of Criminal Procedure was passed by the Executive Magistrate directing the parties to attend the court in person or through their pleaders. Notice was served on both the parties. In the meantime, proceedings under Section 146 of the Code of Criminal Procedure were initiated and Tehsildar, Hoshiarpur was appointed as receiver to take possession of the office building of the Hoshiarpur Express Transport Company and keep possession thereof and hold it under attachment until the decree or order of competent court determining the rights of the parties or claim to possession shall have been obtained by the parties. On 25.1.1993, Sh. Jaswant Singh, SI/SHO Police Station, Model Town, Hoshiarpur submitted second Kalendra relating to buses and workshop of the said transport company on being satisfied that there was likelihood of breach of peace between the partners. Executive Magistrate on being satisfied that there was a dispute existing with regard to the buses and workshop of the said transport company which could give rise to breach of peace passed an order under Section 145 of the Code of Criminal Procedure. Tehsildar, Hoshiarpur was appointed as receiver under Section 146 of the Code of Criminal Procedure. He was to take charge of the accounts and general administration in respect of the workshop and the buses of the said transport company until decree or order of competent court determining the rights of the parties or claim to possession shall have been obtained by the parties. The said receiver took over the charge, in compliance with the orders dated 25.1.1993 of the workshop and the buses of the said transport company. Vide order dated 1.2.1993 Sub Divisional Magistrate-cum-Executive Magistrate, Hoshiarpur fixed 2% out of the income of the company as remuneration of the receiver.

(3.) M /s. Hoshiarpur Express Transport Company Pvt. Ltd. is owning fleet of 28 buses. The prayer of the petitioner-Chanchal Singh is that the impugned order be set aside and the matter be remitted for proper enquiry to the Executive Magistrate-cum-Sub Divisional Magistrate, Hoshiarpur with the direction to afford full opportunity to the petitioner to lead evidence to show that the petitioner was in possession of the property as chairman on the date when proceedings under Section 145 of the Code of Criminal Procedure were initiated. It is stated in this revision petition that Chanchal Singh was elected as Chairman of the company through proper election on 21.12.1991. It is stated that the finding of the Executive Magistrate-cum-Sub Divisional Magistrate that several opportunities had been given to Chanchal Singh- petitioner to produce evidence is wrong. On 4.2.1993 quashing petition was filed by the other party in this Court and by that time no affidavit or evidence was produced by any of the partners. On 2.11.1993 the petition of Mohinder Singh was dismissed. On 24.11.1993 Executive Magistrate recorded the following order on file which runs as under :