S.S.NIJJAR,J - (1.) THIS petition under Section 482 Cr.P.C. seeks quashing of the Calandra-Annexure P-8, the order-Annexure P-9 passed under Section 145 Cr.P.C. and the proceedings consequential thereto.
(2.) THE parties have a long-standing dispute with regard to the existence of the cremation ground in an area measuring 2 kanals in khasra No. 491. During consolidation proceedings, the existence of the cremation ground was inadvertently not recorded in the revenue records. The matter was contested by both the parties and ultimately, the revenue authority had passed an order directing that the existence of the cremation ground be shown in the revenue record. The order passed by the revenue authority was challenged by way of Civil Writ Petition No. 5120 of 1996. This Court observed that the existence of cremation ground was admitted by Karam Singh during the proceedings. Karam Singh is respondent No. 4 in the present proceedings. It has also been observed that by order dated 30.11.1994, the revenue records has been corrected by the Consolidation Officer in compliance of the order earlier passed by the Additional Director. The Consolidation Officer even conducted a spot inspection before correcting the revenue record. The cremation ground has been shown on the land measuring 2 kanals only. It has also been observed by this Court that the fact that the cremation ground existed beside Gurdwara would not stop the use of the land. The writ petition was dismissed being devoid of merit. Against the aforesaid decision, the respondent No. 4 filed Special Leave Petition in the Supreme Court which was dismissed on 6.4.1998. Prior to all this, both the parties have filed Civil suits. In the Civil suit filed by the petitioners, an order was passed on 29.3.1995 which is as under :- "Suit received today. It be registered. Alongwith this suit an application u/Order 1 Rule 8 CPC is given for permission to file the suit in representative capacity. As the interest of large community is involved so the permission is granted. Publication of the suit for information to the community of the village be given in the newspaper Chardikala for 22.4.95. An application u/O 39 Rules 1 and 2 CPC read with Section 151 CPC is also given. Heard. The plaintiff has a prima facie case so the status quo regarding cremation of dead bodies is ordered to be maintained and defendants are also to maintain status quo regarding possession of the suit land for common purposes i.e. for cremation of dead bodies for the community till further orders. Compliance of Order 39 Rule 3 CPC be made. Notice of the suit as well as of the application of stay be given to the accused on PF/RC and copies of plaint etc. for 22.4.95. Sd/- SJIC Phul."
(3.) THE respondents had also filed the civil suit. This suit was, however, dismissed on 9.3.94 on technical ground. Both the suits had been filed in a representative capacity. Inspite of the orders passed by the Supreme Court, this Court and the Civil Court, Calandra dated 2.6.1998 was presented before respondent No. 1. The presentation of the Calandra seems to have been prompted by an incidence of violence which occurred on 29.5.1998. As a consequence of the incident, an FIR was registered against some of the respondents. After noticing the aforesaid facts, the impugned order was passed by respondent No. 1 on 2.7.1998. Inspite of the fact that the trial Court as well as the Supreme Court had confirmed the finding of fact to the effect that the cremation ground existed, the respondent No. 1 has given a finding to the effect that from 1992, the land in dispute was not used as cremation ground by Sidhu Sardar. As noticed earlier, the same issue is pending before the Civil Court. The Civil Court has already passed an order protecting the rights of all the parties. In such circumstances, I am of the considered opinion that the respondent No. 1 has acted beyond jurisdiction in entertaining the Calandra. It is a settled proposition of law that once the dispute with regard to possession is pending in Civil Court, proceedings under Section 145 Cr.P.C. cannot be initiated. All necessary protective orders can be passed by the Civil Court in the proceedings pending in that Court. In such circumstances, it would not be appropriate to initiate any proceedings under Section 145 Cr.P.C.;