SANJEEV KUMAR Vs. SUB DIVISIONAL MAGISTRATE, NARAINGARH

JUDGEMENT

(1.) THIS is a petition under section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code') seeking the quashing of proceedings under sections 145 and 146 of the Code initiated by Sub-Divisional Magistrate, Naraingarh.

(2.) BRIEF facts of the case are that there is an agricultural land measuring 193 kanals in the area of village Mauli, Tehsil Naraingarh. it was owned by Mohan Dass etc. of Adhoya, Tehsil and District Ambala. Petitioners 1 and 2 claimed to have been tenants on the land for the last 6-7 years and their names are duly entered in the revenue record. Petitioner No. 3 is uncle of petitioner No. 1 and he is helping in management and cultivation of the land. Respondent Nos 2 and 3 are stated to have purchased the said land on 19 9, 1988. According to the petitioners, respondent Nos. 2 and 3 were keen to acquire actual physical possession of the land before and after the sale. In order to protect their legitimate rights,, petitioners Nos. 1 and 2 filed a civil suit for permanent injunction restraining inter alia, respondent Nos, 2 and 3 from interfering. in their possession as tenants. The civil Court passed an 'ad interim injunction on 15.6.1988 i.e. prior to the sale of land in favour of respondent No. 2 and 3 restraining them from interfering in the possession of the petitioners. That order is still in force. Copy of the order is Annexure P. 1 Petitioners 1 and, 2 also filed another suit for possession of the land by pre-emption on the ground of being tenants therein. In that suit also, there was a direction by the civil Court directing the parties to maintain status' quo with regard to possession except in due course of law, Copy of the order is Annexure P.2. Respondent Nos. 2 and 3 filed a civil suit for permanent injunction' against the vendors Mohan Dass etc. and the present petitioner. Ex parte stay order was granted in their favour. The present petitioners put in their appearance in that suit and filed a reply opposing the ex-parte ad interim injunction. Respondent Nos. 2 and 3 got their suit dismissed in default on 22.10.1988. No application for restoration of the suit had been made. Copy of the order passed in this behalf dismissing the suit for default Annexure P.3.

(3.) HAVING failed to obtain possession of the land the said respondents got initiated proceedings under section 145 of the Code by having an application moved through their henchman. Copy of the application is Annexure P 4. Certain residents of village Mauli stated in the application that Om Parkash Sharma and Anupam Bhalla were owners in possession and that paddy crop was standing thereon. Sanjiv Kumar, Daljit Singh, Raj Kumar, Jagdev Singh etc. were keen on taking possession of the said land. They had four-five guns and three-four country made pistols and on 30.10.88 they had tried to take possession and had fired from their weapons. Great tension prevailed in the area. The petitioners being residents of the village, therefore, prayed that, action may be initiated under section 145 of the Code to ensure peace in the village. The ],earned Sub Divisional Magistrate, Naraingarh passed the following order on the above Application on 18.11.1988 :