RAM KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (for short 'the Code') for quashing Kalandra (Annexure P.1), order dated January 17, 1994 (Annexure P.2) passed by the Sub Divisional Magistrate, Hissar, as well as order dated February 10, 1995 (Annexure P.3), passed by the Additional Sessions Judge, Hissar.

(2.) THE necessary facts for the disposal of this petition are that a Kalandra under Section 145 of the Code was filed by the Police Station, Adampur, alleging therein that there was a dispute between Ram Kumar and 2 others on the one hand and Banwari Lal and another on the other on a piece of land measuring about 30 Kanals, the details of which have been given in the Kalandra, due to which there was an apprehension of breach of peace. Being prima facie satisfied with the averments made in the Kalandra and the statement of ASI Ram Kumar recorded on 6.1.1994, Sub Divisional Magistrate, Hissar, passed an order under Section 145(1) of the Code, calling upon the parties to attend his Court and file written statements of their respective claims. The Sub-Divisional Magistrate also passed an order under section 146 of the Code attaching the land measuring 30 Kanals and appointing Tehsildar, Adampur, as a Receiver in the management of the property till final order of the Court or of any other competent authority.

(3.) NOTICE of motion was given to the respondents. I have heard the learned counsel for the parties and have perused the record.