K.S.KUMARAN,J - (1.) THE Station House Officer, Police Station Bhunna, presented a Calendra (annexure P-4) under Section 145 Cr.P.C. dated 31.10.2000 before the Sub Divisional Magistrate, Fatehabad, wherein the 4th respondent-Sarvati was shown as the first party while the petitioners and certain others were shown as second party. The Station House Officer mentioned that the land in dispute is Mushtarka Khata and Guddi Devi, who was in possession has given her land to Sarvati Devi. He has also stated that since the land is Mushtarka Khata, the share-holders are claiming their own rights and there is dispute between the two parties and, therefore, F.I.R. No. 112 of 2000 has been registered under Sections 148, 149, 323, 324, 325 at Police Station Bhunna. He has also mentioned that sowing is likely to take place and at that time crime may be committed. Therefore, he had requested proceedings may be initiated, and the property be attached under Section 146 Cr.P.C.
(2.) ON the basis of this Calendra, the Learned Sub Divisional Magistrate, Fatehabad, passed the order dated 29.12.2000 (annexure P-3). The learned Magistrate observed that it had been made to appear to him that a dispute likely to induce breach of peace existed between the two parties concerning a piece of land measuring 56 kanals 7 marlas in village Dhani Dulat and, therefore, the parties were called upon to state in writing their respective claims as to possession. He has also observed that on enquiry, he was unable to satisfy himself as to which of the parties was in possession of the land and, therefore, he was appointing the Receiver to attach and hold the property. The petitioners have, therefore, approached this Court under Section 482 Cr.P.C. for quashing the Calendra (annexure P-4) and the order of the learned Magistrate (annexure P-3) as also the consequential proceedings arising therefrom. According to the petitioners, they are owners in possession of the disputed land, which is evident from the jamabandi and girdwar (annexures 1 and 2). They also claim that the land being mustarka khata jointly possessed by the petitioners, the proceedings under Section 145 Cr.P.C. are not maintainable. The petitioners claim that the 4th respondent has stepped into the shoes of Guddi Devi, only to harass the petitioners, and is also harassing them in connivance with the other respondents. They also claim that they have not created any breach of peace, and that the proceedings under Section 145 Cr.P.C. are nothing but abuse of process of Court. According to the petitioners, the orders have been passed without any application of mind.
(3.) REPLY has been filed on behalf of respondents No. 1 and 2 by Sub Inspector - S.H.O. Police Station, Bhunna, wherein he has stated that the petitioners No. 1, 6 and 7 are facing trial for offences under Sections 326, 323, 148 and 149 I.P.C. They have also stated that as per the investigation, both the parties used to be in possession of the disputed land. They have admitted that the land in question is Mushtarka Khata. According to them the 4th respondent has purchased the land in question from Guddi Devi under sale deed dated 18.1.2000, and that the petitioners and 4th respondent have created breach of peace necessitating the filing of the Calendra under Section 145 Cr.P.C. against both of them. According to these respondent both the parties have been challaned under Sections 107/151 Cr.P.C. because of the apprehension of breach of peace by the parties.;