SAHIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed challenging the imitation of the proceedings initiated by the Sub Divisional Magistrate, Samana, under Section 145 Cr.P.C. and the consequential order passed by him under Section 146 Cr.P.C.

(2.) THE Station House Officer, Police Station Patran Tehsil Samana, sent a report to the Sub Divisional Magistrate, Samana that there exists a dispute regarding the possession of the land compromised in Khasra Nos. 299/11/2, 20, 300/16, 17, 18, 23, 24/1, 311/7, 8, 13 and 14 situated in the village Shutrana, Tehsil Samana and that the dispute is likely to cause breach of peace and tranquillity. On the basis of the said report, the Sub Divisional Magistrate initiated the proceedings under Section 145 Cr.P.C. and directed both the parties to appear before him.

(3.) AFTER initiating the proceedings under Section 145(1) Cr.P.C. the learned Sub Divisional Magistrate also passed an order of attachment of the property in dispute under Section 146 Cr.P.C. It is pertinent to observe that at this stage the petitioner has not availed the remedy of revision to the Sessions Court against the order passed by the Sub Divisional Magistrate under Section 146 Cr.P.C.