- (1.) K. L. Sharma, J. These are two petitions under Section 482, Cr. P. C. for quashing the proceedings in Criminal Case No. 3 of 1992, initiated under Section 145, Cr. P. C. pending before the Court of Sub-Divisional Magistrate, Chandpur, District Bijnor, and for quashing the orders passed on 24-6-1994 and 30-1-1995 by the learned Sub-Divisional Magistrate, Bijnor directing the applicant to deposit in the Court Rs. 24,700 and Rs. 30,000 as the price of the cane crops harvested by him in the disputed land.
(2.) I have heard Sri Veer Singh counsel for the applicant and Sri Anil Sharma, learned counsel for opposite party No. 2 as well as learned A. Q. A. and perused the materials brought on the record in both the petitions. The admitted facts of the case are that the applicant Nana Singh, presently pradhan, was allotted Gaou Sab ha land and even after the expiry of the Patta (lease) he has continued his cultivation in the disputed land and during crucial years he has grown cane crops therein and has also harvested the same. His name was also recorded in column 4 but in the consolidation proceedings the learned Sub- Divisional Magistrate, Chandpur changed the entry of his name from column No. 4 to column No. 3 opposite party No. 3 initiated proceedings purporting to be under Section 145, Cr. P. C. with a prayer that the applicant Nanak Singh be restrained from harvesting the cane crops standing in the disputed land in the learned Magis trate without passing any order either under Section 145 Cr. P. C. or 146 Cr. P. C. restrained Nanafc Singh from harvesting the cane crops without furnishing bank guarantee. In one year Nanak Singh de posited a bank guarantee of Rs. 30,000 but in the subsequent year he harvested the cane crops without depositing the may or without depositing the bank guarantee, The learned Magistrate has not decided the proceed ings and concluded the inquiry under Section 145, Cr. P. C. He has not passed any order of attachment and appointed a receiver in respect of the standing cane crops but without concluding the inquiry he directed the applicant to deposit the bank guarantee by orders dated 24-6-1994 and 30-1-1995. He felt aggrieved and file a criminal revision against the order dated 24- 6-1994 before the learned Sessions Judge, Bijnor, but unfortunately the learned Sessions Judge dismissed summarily the aforesaid revisions on the ground that it was an interlocutory order, against which no revision was maintainable. Thereafter, the applicant filed the present petition No. 4332 of 1994 in this Court and obtained the stay order on 6-9-1994. This Court had already directed to learned Magistrate to dispose of the case expeditiously but unfortunately the learned Magistrate instead of disposing of the proceedings under Section 145, Cr. P. C. expeditiously, further passed an order on 30-1-1995 directing the applicant to deposit Rs. 30,000 as the price of the cane crops harvested by him in violation of the injunction order passed by him. Against this subsequent order he has filed the petition No. 413 of 1995, under Section 482, Cr. P. C. for quashing the proceedings under Section 145, Cr. P. C.
(3.) FROM the perusal of the admitted facts of the cases it is crystal clear that opposite patty No. 2 Nanwa has thing to do with the land of the Qaon Sabha and with the cane crops cultivated and harvested by he applicant during these years right from 1992. He was merely interested to restrain the applicant from harvesting the crops Even though he clearly admitted that the applicant who was in actual possession of the land, even after the expiry of the period of allotment of the Gaon Sabha land. The learned Magistrate did not apply his mind to the nature of the proceedings of the fact that the suit for declaration of title was also pending before him an a Revenue Court. He did not even see the scope of the order p issued by him in the light of the provisions contained in sub section (8) of Section 145, Cr. P. C. He did not make any arrangement of the custody and sale of the cane crops which was of a perishable nature which was required to be harvested by a particular time and instead of doing so without concluding the inquiry under Section 145, Cr. P. C. he passed the impugned order directing the applicant to deposit the price of the cane crops harvested by him.;