INDER ALIS INDRA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ON 29.1.1996, the Sub Divisional Magistrate, Abohar, passed an order under Section 145(1) and Section 146 of the Code of Criminal Procedure against the private-respondents 3 to 9 herein in respect of the lands in dispute. He observed that from the police report of the Station House Officer, Police Station Sadar, Abohar, corroborated by his statement, he was satisfied that a dispute likely to cause breach of peace exists between the parties regarding possession of the land in dispute measuring 61 acres (as described in the said order) in the village Dotrianwali. He directed the petitioners No. 1 and 2 herein and some others (as first-party) and the respondents No. 3 to 9 herein (as second-party) to put in their claims/objections/documents regarding the actual possession of the lands in question. The learned Sub-Divisional Magistrate also observed that from the perusal of the report and the statement of the Station House Officer, he found the case as of emergent nature and, therefore, attached the lands in dispute and appointed the Tehsildar Abohar as Receiver to look after the same.

(2.) BUT on 22.2.1996 he passed the order impugned in this revision. The learned counsel for the present petitioners filed their claim. He heard the counsel for the parties, went through the records and took note of the fact that Receiver had not taken possession. He recorded the statement of the Station House Officer, Police Station Sadar and held that the statement and the report were contradictory to each other. He did not find any reason to proceed further with this calandra and held that there was no necessity to proceed under Section 145 Cr.P.C. in this case.

(3.) THE petitioners contend that the impugned order is not a speaking order and does not specify as to what was the inconsistency between the report of the Station House Officer and his statement.