GURDEEP SINGH & ORS. Vs. STATE OF ORS.

JUDGEMENT

(1.) This criminal miscellaneous petition under Sec. 482 Cr.P.C. for quashing of criminal proceeding initiated under Sec. 145 Cr.P.C. vide order dated 08.07.2005 passed by Sub Divisional Magistrate, Pilibanga and also prayed that the criminal case No.4/2005 (State Vs. Gurdeep Singli and Ors.) be set aside. The case of the petitioners is that the petitioners are owners, occupiers and khatedar -tenants of an agricultural land situated in 'Chak' 16 PBN, stone No. 17/303 measuring 25 Bighas, and 17/302 measuring 5 Bigha, total 30 Bighas and petitioners' name also recorded in the 'Jamabandi' It is also stated that they are in possession of the aforesaid land.

(2.) The SHO Police Station, Pilibanga filed a complaint on 08.07.2005 before the SDO Pilibanga stating therein that complainant Tota Singh, Laxman Singh, Jasber Singh moved an application that the aforesaid land purchased by them by way of an agreement to sale from the fathers/grand -fathers of the petitioners/proforma respondents in the year 1986. In part of contract the possession of the land was also delivered to them and since then they are residing there and cultivating the Kharif crop.

(3.) After registering the complaint, the notices were issued to the petitioners and proceeding was initiated under Sec. 145(1) of Cr.P.C. and ultimately the SDO appointed the Tehsildar as receiver vide its order dated 12.04.2007 on the land in question while exercising powers under Sec. 146( 1) Cr.P.C.