DARSHAN LAL Vs. SAIN DASS

JUDGEMENT

(1.) Heard learned counsel for the parties and also gone through the record.

(2.) By means of present petition, prayer for quashing the proceedings initiated before Executive Magistrate, Tehsildar, Bishnah under Section 145, Cr.P.C. and setting aside orders dated 17-8-2000 passed by Executive Magistrate, Tehsildar, Bishnah and 13-10-2001 by 2nd Additional Sessions Judge, Jammu, has been made. Before appreciating the rival contentions of the parties, brief facts need to be noticed, which are to the following effect.

(3.) The petitioner, Darshan Lal and respondents 1 and 2, Sain Dass and Dass Ram, happened to be real brothers. The land aggregating 21 kanals situated at village Pindi Charkan Kalan, Tehsil Bishnah contained in Khasra Nos. 900, 960, 963, 974, 923, 961, 922, 924, 967, stood allotted to their father and thereafter ownership rights were also conferred upon their father. Their father, however, bequeathed the entire land in favour of the petitioner by executing a Will. After the death of the father, petitioner, Darshan Lal, stepped into his shoes on the strength of a Will and allegedly was in cultivating possession of the said land. A dispute with regard to the said land crept up between the parties and litigation in respect of the said land commenced both in civil and revenue courts and a status-quo order is stated to have been passed by Custodian, Evacuees' Property, Jammu. It is further stated that the respondents, in order to harass the petitioner, initiated proceedings under Section 145 Cr.P.C. on an application of the respondents and the police report and passed the following composite order in terms of Section 145, Cr.P.C. (Vernacular matter omitted-Ed.)