Criminal Misc.-M No.2754 of 2008 (O&M) :1:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: OCTOBER 16, 2008
Sanga Masih & another
.....Petitioners
VERSUS
State of Punjab & others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
PRESENT: Mr.R.K.S.Brar, Advocate,
for the petitioners.
Mr.Mehar Deep Singh, AAG, Punjab,
for the State.
Mr.Ravi Malhotra, Advocate,
for respondent Nos.2 to 8.
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RANJIT SINGH, J.
Petitioners seek quashing of order dated 29.11.2007
passed by Addl.Sessions Judge (Adhoc)-cum-Presiding Officer, Fast
Track Court and order dated 14.11.2006 passed by Sub Divisional
Magistrate, whereby he has dropped the proceedings under Section
145 Cr.P.C.
Criminal Misc.-M No.2754 of 2008 (O&M) :2:
A Calendra was presented by SI/SHO, Police Station,
Purana Shalla, Tehsil and District Gurdaspur stating that a dispute
exists between the parties to the petition over the possession of land
measuring 371 kanals 5 marlas comprised in khasra numbers
mentioned in the impugned order. After receipt of the Calendra and
recording the statement of SHO, Naib-Tehsildar, Gurdaspur was
appointed as a Receiver under Section 146 Cr.P.C. for looking after
the land in dispute till the final decision of the case by the Sub
Divisional Magistrate, Gurdaspur. Parties filed their respective
proceedings before the Magistrate. The matter in regard to mutation
on the basis of sale deeds also reached before this court, but the
Civil Writ Petition filed by party No.2 was dismissed. No stay was
granted to Manga Masih in a suit filed by him for permanent
injunction. In this background, it was found that possession of party
No.1 was old and continuous and, therefore, it was required to be put
in possession on the conclusion of the proceedings. Reference has
also been made to the order passed by this Court in Criminal
Misc.No.41640-M of 2000, wherein it was held that the proceedings
under Sections 145 and 146 Cr.P.C. will be concluded within three
months and any order passed in the said proceedings will be subject
to the orders which may be passed by the civil court since the suit
already pending in the civil court. It was further directed that the
petitioners will also be entitled to contend that the proceedings itself
are not maintainable in view of pending civil suit, which contention
will be examined in accordance with law. It is in this background and
after considering the pleas of counsel for the respective parties, the
Criminal Misc.-M No.2754 of 2008 (O&M) :3:
Sub Divisional Magistrate, Gurdapur has dropped the proceedings
under Section 145 Cr.P.C. with direction that the possession of the
property be handed over to party No.1 Gurdial Singh and others.
Reference has also been made to the findings recorded in a civil suit
titled Manga Masih v. Gurdial Singh and Ranjit Kaur, wherein it is
held that the plaintiffs have themselves alleged to be owners in
possession of the land on the basis of a Will executed in their favour
by Tirath Ram and the mutation Nos.303 and 312, which were
sanctioned by the Revenue Officer in their favour, but they have not
placed on record the copy of the Will, on the basis of which they
claimed to be in possession of the land in dispute. No witnesses
have been examined to prove the execution of the Will. It is also
noticed that the mutation sanctioned by the Revenue Officer in their
favour has already been set aside. Notice has also been taken of the
fact that no injunction has been granted in favour of the plaintiffs and
their suit has been dismissed. The submission by the counsel for the
petitioner that this would not show Gurdial Singh to be in possession
for the Magistrate to hand over possession to him is not justified.
Since the possession in this case was taken and the
Receiver appointed, the same has to be handed over to a party
entitled to the possession on the basis of a civil suit that has been
decided. The Sub Divisional Magistrate was also to comply with the
directions of this court to decide the same on the basis of the
decision in the civil suits and he accordingly has rightly concluded
that the proceedings under Section 145(1) Cr.P.C. have to be
dropped and the possession on the basis of various judgments and
Criminal Misc.-M No.2754 of 2008 (O&M) :4:
decrees of the civil courts is required to be handed over to Gurdail
Singh, party No.1.
I do not find any infirmity in the impugned order,
especially so when the same was challenged in a revision filed
before Addl.District Judge (Fast Track Court), Gurdaspur. It has
rightly been observed by the Addl.Sessions Judge that it is a settled
proposition of law that once the dispute with regard to possession is
pending and decided by the civil court, the proceedings under
Section 145 Cr.P.C. cannot be initiated. It has accordingly been
observed that in view of the order passed by the civil court, it would
not be appropriate to initiate any proceedings under Section 145
Cr.P.C. Thus, I do not find any merit in the present petition and the
same is accordingly dismissed.
October 16, 2008 ( RANJIT SINGH ) ramesh JUDGE