S.S.GREWAL, J. - (1.)THIS petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) relates to quashment of proceedings under Section 145 of the Code pending before Sub Divisional Magistrate, Panipat, as well as the order passed under Section 146 of the Code by the said Magistrate on June 13, 1988.
(2.)IN brief facts relevant for the disposal of this case are that petitioner No: I claims to be owner in possession of the suit land on the basis of consent decree dated 10th November, 1987 passed by Sub Judge Ist Class, Panipat, in the suit filed by Ramesh Chander petitioner against Kaila Devi. The latter had got that property from her mother Smt. Bohti. Respondent No. 2, his cousin and their sons, whose land surrounded the land in dispute, in order to harm the petitioner and his brothers attacked them on 15th October, 1988 and caused them injuries and a criminal case under Sections 325/323/34 IPC is pending in Court of Judicial Magistrate Ist Class, Panipat. The petitioner filed a suit for grant of permanent injunction on 19-10-1989: and obtained ad interim injunction, on the same day, in the said suit whereby the opposite party was restrained from interfering in possession of the petitioner over the suit land. After receipt of notice of the said suit the opposite party got a suit filed from Partap minor son of Smt. Kaila Devi against his mother and the petitioner and in that suit ad interim injunction was issued by Sub Judge Ist Class, Panipat on 24th October, 1988 whereby both the parties were directed to maintain status quo regarding alienation. of the suit property. Despite the pendency of petitioner's suit for permanent injunction and by concealment of that act respondent No. 2 and his cousin Kaila brought a suit for injunction and ad interim injunction which stood automatically vacated on 12th January, 1989 because of the noncompliance of requirement of Order 39 Rule 3 of the Code of Civil Procedure. The police submitted a calendar under Section 145 of the Code on 23-12-1988. No action was taken at that time but on 31-5-1989 the Sub Divisional Magistrate passed a preliminary order under Section 145 (1) of the Code even though there was no genuine dispute regarding possession, nor there was any apprehension of breach of peace. Another calendar was presented on 13-6-1989 on almost similar facts except with the addition that during the night intervening 8th/9th June, 1989 both the parties were just saved from a very serious conflict and there is grave apprehension of some serious offence. The Sub Divisional Magistrate also passed order of Attachment of the property in dispute under Section 146 of the Code on 20-6-1989 without, sending any notice to the petitioner or his counsel and appointed Naib Tehsildar, Samalkha as Receiver even though the petitioner was in possession of the land in dispute.
Counsel for the parties were heard.

(3.)ON behalf of the petitioner it was submitted that according to the latest revenue entries including Jamabandi for the year, 1984-85, copy of mutation concerning the change of ownership of the land in dispute on the basis of Civil Court decree in favour of the petitioner and Khasra Girdawari entries from Kharif 1987 till Kharif 1988, would, clearly indicate that the petitioner is in actual physical possession of the land in-dispute, and that the Sub Divisional Magistrate had no jurisdiction to proceed under Section 145 of the Code. It was further submitted that since civil suits between the parties are pending regarding the land in dispute, the question of possession and appointment of Receiver too can be adjudicated upon by the civil Court.