KHUSHAL SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of Sessions Judge, Ferozepore, dated August 24, 1993 whereby the order of the Sub Divisional Magistrate, Fazilka dated 31st July, 1992 for proceeding under Sections 145 and 146 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) and the application of the present petitioner for dropping the proceedings was dismissed.

(2.) IN brief facts relevant for the disposal of this case are that Gurdev Kaur entered into an agreement to sell 12 Kanals of land (out of her entire holding of 20 Kanals) situated in village Lamochar Khurd at the rate of Rs. 45,000/- per Killa and received Rs. 22,000/- as earnest money. The sale deed could not be executed and registered as dispute arose between the parties. Gurdev Kaur filed civil suit and obtained stay from the Court of Sub Judge, at Abohar, whereas, Mohinder Singh, Gian Singh and Khushal Singh are alleged to have taken possession of the land in dispute even though it was in the name of Gurdev Kaur. Mohinder Singh and Gian Singh filed suit in the Civil Court and the cases before the Civil Court were pending between the parties who asserted their rights in the land in dispute. There was dispute about the possession between the parties and as such police initiated proceedings under Section 145 of the Code;

(3.) THE learned counsel for the parties were heard.