MALKIAT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) MALKIAT Singh and others by way of filling the present petition under section 482 of the Code of Criminal Procedure have prayed for quashing of FIR No. 132 dated 31.8.1997, Annexure P-12 registered under Sections 452/506/379/148/149 IPC read with section 7 of Protection of Civil Rights Act.

(2.) THE case set up by the petitioners is that they are in occupation of land measuring 67 kanals 9 marlas which form part of khasra Nos. 3009, 3012 and 3015 situated in Kapurthala Town. Earlier this land was in possession of one Gian Nath who was running a Dera on 2 kanals out of the said land which falls in khasra No. 3014 belonging to Punjab Wakf Board. After the death of Gian Nath, his Chela Puran Nath entered into agreement with Malkiat Singh petitioner No. 1 on March 2, 1993 (Annexure P-1). The possession of the land was handed over to petitioner No. 1 by Puran Nath after receiving a sum of Rs. 1 lac. The petitioner No. 1 paid lease money to the Punjab Wakf Board from the year 1995-96 to 1996-97 vide receipts Annexures P-2 to P-5. The petitioners had also installed a tubewell, constructed a kotha and raised a boundary wall on one and half kanals of land around the said kotha. The land was very valuable so certain influential persons like the Local Municipal Councillor Thakur Dass, had tried to interfere in the peaceful possession of the land which resulted into the filing of the Civil Suit No. 211 of 3.8.1994 for permanent injunction restraining him not to dispossess the petitioners illegally and forcibly. Stay was granted in their favour on August 4, 1994 and the suit was decreed on 7.12.1995, vide Annexure P-6.

(3.) IT is further averred in the petition that on August 31, 1997 inspite of the complaint lodged by the petitioner Annexure P-10 and compromise Annexure P-11, the residents of the Dera, in retaliation got a false case re-gistered at the instigation of Local Municipal Councillor Thakur Dass which is Annexure P-12. The petitioners were therefore arrested but released on bail on 4.9.1997 and during the period of detention, the boundary wall of the 'kotha' around the area of 1-1/2 kanal was demolished by the people of the locality. On 2.9.1997 some friends of the petitioners, who had come to visit them at the kotha got registered FIR No. 135 under sections 452/379/506/380/427/323/148 and 149 IPC. It is therefore, pleaded that FIR Annexure P-12 dated August 31, 1997 and all consequential proceedings arising thereon are liable to be quashed, mainly on the ground that it is the petitioners who had approached the police on 29.8.1997 and that the petitioners had been continuously in possession of the land in question and that no offence under sections 452 and 379 IPC is made out because the petitioners are in possession of the land.