IQBAL SINGH AND ORS. Vs. HARBAI AND ORS.

JUDGEMENT

(1.) THESE criminal misc. petitions under section 482 CrPC have been filed by the petitioners being aggrieved with the order dated 30.08.2014 passed by Additional Sessions Judge, Anupgarh, District Sri Ganganagar (for short 'the revisional court' hereinafter) in Cr. Revision Nos. 46/2014 and 60/2014. The Cr. Revision No. 46/2014 was filed on behalf of Iqbal Singh and Jaswant Kaur -petitioners in S.B.Cr.Misc. Petition No. 2974/2014 and Cr. Revision No. 60/2014 was filed by Harbai -petitioner in S.B.Cr.Misc. Petition No. 529/2015. The revisional court has rejected both the revision petitions and confirmed the order dated 01.08.2014 passed by Sub -Divisional Magistrate, Anupgarh, District Sri Ganganagar (for short 'the trial court' hereinafter) in the proceedings under section 145 CrPC.

(2.) BRIEF facts of the case are that on the basis of complaint filed by Station House Officer, Police Station, Nai Mandi, Gharsana on 28.03.2014, the trial court has initiated the proceedings under section 145 CrPC and ordered for attachment of agricultural land measuring about 22 bighas situated in Chak No. 4H and also appointed SHO, Police Station, Nai Mandi, Gharsana as receiver. The trial court has also ordered for issuance of notices to the rival parties for submitting their case on 21.04.2014. On 31.03.2014, an application was moved on behalf of the petitioners -Iqbal Singh and Jaswant Kaur with a prayer for vacating the order dated 28.03.2014 passed by the trial court of attaching the disputed land and appointing the S.H.O., Police Station, Nai Mandi as receiver. The said application was rejected by the trial court vide order dated 07.04.2014. However, in the meantime, two separate revision petitions were preferred, one by petitioners -Iqbal Singh and Jaswant Kaur and another by petitioner -Harbai before the revisional court challenging the order dated 28.03.2014, which came to be dismissed by the revisional court vide order dated 04.06.2014 and the order dated 28.03.2014 passed by the trial court was affirmed. However, the revisional court has directed the trial court to pass an order regarding possibility of breach of peace within a period of 100 working days after providing opportunities to both the parties.

(3.) MR Kulwant Singh, learned counsel for the petitioners -Iqbal Singh and Jaswant Kaur has argued that the trial court has failed to consider that the possession of the disputed land was taken over from petitioners -Iqbal Singh and Jaswant Kaur by the SHO, Police Station, Nai Mandi, Gharsana on 29.03.2014. It is contended that in the attachment memo, prepared by the SHO on 29.09.2014, it is clearly mentioned that things as well as cattle belonging to the petitioners -Iqbal Singh and Jaswant Kaur were found in the disputed land and the SHO had issued notice to them to remove the same from the land in compliance of the attachment order passed by the trial court.