LAKHMI RAM Vs. SUB DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) In this petition under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of order of Sub-Divisional Magistrate, Tohana, Annexure P. 3 dated 20-6- 1989. under Section 145/146 of the Code.

(2.) Brief facts of the case are that the petitioner took agricultural land measuring 8 Kanals 16 Marlas described in detail in the petition on 99 years lease from Sin Chand. respondent No.2, under a registered lease deed dated 3-4-1987. The possession of the land was delivered to him under the lease. The mutation was sanctioned on 9-11-1987 and Khasra Girdawari entry was made in his favour in the year 1987-88 and 1988-89. Respondent No.2. however, wanted to forcibly evict the petitioner. The petitioner, therefore, filed a suit for declaration and injunction. On an application for temporary injunction, the learned Sub-Judge directed the parties to maintain status quo with regard to possession. Respondent No.2 got initiated proceedings under Section 145 of the Code through the police. The police made report on 16-6-89 on which a composite order under Sections 145(1) and 146 of the Code was passed by the learned Sub-Divisional Magistrate on 20-6-1989. The petitioner seeks quashing of the said order and the proceedings based thereon on two grounds, namely, that the order in question was passed in a mechanical fashion without application of mind and that it was an abuse of the process of the Court.

(3.) Respondent No.2 did not file any reply to the petitioner but has otherwise opposed the petition.