SAROJ GUPTA Vs. NAND LAL

JUDGEMENT

(1.) THIS is Criminal Revision Petition No. 448 of 1997 filed by Smt. Saroj Gupta wife of Sudesh Kumar Gupta resident of near Rani Talab, Jind under section 379/401 of Code of Criminal Procedure against Nand Lal and others whereby she has prayed for the setting aside of the order dated 5.5.1997 passed by respondent Smt. Anita Yadav, the then Executive Magistrate, Jind as the same was passed by her in the absence of the petitioner, as the date announced to the parties was 12.5.97 for reply to the notice. She has also prayed that possession of the disputed kothi be restored to the receiver or to her.

(2.) NOW the facts of the case as set out by revision-petitioner Smt. Saroj Gupta :-

(3.) SMT . Anita Yadav-respondent (Executive Magistrate, Jind) in her written statement submitted that in kalendra, the police mentioned that Nand Lal had sold his house No. 246/5 to Rup Chand vide registered sale deed and he is in possession thereof. Nand Lal had also entered into agreement to sell the same house with Saroj Gupta-petitioner and had extorted money from her. Nand Lal had also taken loan from Punjab National Bank, Jind. Three parties were thus claiming possession to the disputed house and as such the police requested that the property be attached and receiver be appointed to take charge of the property. Property was accordingly attached and Tehsildar, Jind was appointed receiver to take charge of the property. It was the petitioner who took adjournment after adjournment for putting in reply. Eventually, the case was adjourned to 12.5.97. On 1.5.97, SHO, PS City Jind put in supplementary kalendra Annexure R5/2 (copy) in continuation of the previous kalendra dated 27.2.97 Annexure R5/1 wherethrough it was submitted that Nand Lal had given affidavit that he had sold his House No. 246/5 to Rup Chand vide registered sale deed dated 17.2.1997 and possession had also been delivered to him and that he had never entered into any agreement with Saroj Gupta. It was also submitted that Roop Chand had given one application in which he had stated that he will be bound to pay the loan due to the Punjab National Bank from Nand Lal as soon as proceedings under Section 145 Cr.P.C. were dropped. It was submitted that possession be given to Nand Lal after taking it from the receiver. It was with a view to dispose of the question of possession in the wake of the statement made by SHO, PS City Jind in the supplementary kalendra that she pre-poned the date and disposed of the question of possession of 5.5.97 after she had visited the spot. It was denied that she was under orders of transfer on 5.5.97. In fact, she was transferred on 7.5.97 and she was relieved on 14.5.97. On 5.5.97, she was not aware of her impending transfer.