Alok Singh, J. - (1.) PETITIONERS have knocked the door of this Court by the present petition moved under Section 482 Cr.P.C assailing order dated 1.2.2011 passed by the Sub Divisional Magistrate, Nabha summoning the petitioners under Section 107 Cr.P.C.
(2.) RESPONDENTS herein have moved an application on 1.2.2011 before the Sub Divisional Magistrate, Nabha under Sections 107 and 150 Cr.P.C Police Chowki, Village Chheentanwala, Police Station Sadar, Nabha. On the same day, learned Sub Divisional Magistrate has passed the impugned order, which reads as under: The counsel for the complainant by complaint complainant. supporting was The the presented counsel complaint, by for got recorded statement of Ajmer Singh, Hari Singh and Kulwant Singh in the compliant. On considering the facts of the case, it was found that respondents No. 1 to 5 be summoned and file be presented on 17.02.2011. As per contents of the petition, the petitioners and respondents are having joint land situated at village Chhjju Bhatt, Tehsil Nabha, District Patiala comprised in Khewat No. 91, Khatoni No. 137, Khasra Nos. 44//23/2(2 -5), 24(5 -18), 52//12/1/2 (3 -0), 2(6 -8), 3(8 -0), 4 (8 -0), Khatoni No.s 138 Khasra Nos. 52//10/1(606), 53//6(7 -7) Kitte 8, Total 47 Kanal 4 Marla. The respondents were trying to take forcible possession of the land in possession of the petitioners and were also trying to remove the trees standing in the land of the petitioners and further to demolish the khals and pahi of the petitioners. The petitioners filed a suit for permanent injunction restraining the defendants from alienating, transferring, mortgaging, selling and disposing of any part of the aforesaid land, the same is pending before the learned Additional Civil Judge(Sr. Division), Nabha; the petitioners filed an application under Order 39 Rule 1 & 2 for seeking ad -interim injunction, the same has been declined by both the Courts below and thereafter the petitioners filed Civil Revision No. 6968 of 2011 against the order dated 17.08.2010 and 01.09.2011 passed by the learned Courts below. In the said Revision Petition, this Court has granted the status -quo order on 15.11.2011; the petitioners have also filed an application under Section 111 of the Punjab Land Revenue Act regarding partition of the land described in Khewat No. 91 total measuring 47 Kanal 4 Marlas, situated at Village Chhajju Bhatt, Tehsil Nabha, District Patiala, wherein the petitioners are seeking partition of the land between the parties qua their shares as per the Jamabandi for the year 2007 -08; the learned Assistant Collector Ist Grade has passed the order that in this land trees grown are also Mushtarka of the parties, meanwhile, all the trees, Khals, Pahies will remain intact in the Mushtarka land from the date on which this case has been filed; the complaint under Sections 107/151 Cr.P.C was filed by the respondent no. 1 against 9 persons i.e. 5 gents and 4 ladies but only five persons were summoned by the learned Lower Court in the said complaint, out of the said five persons, Bikram Singh, petitioner No. 4 is working in Irrigation Department at Patiala and is residing at Patiala city for the last more than 8 years along with his family and Sher Singh -petitioner no. 5 is also working in the Forest Department at Nabha town and is residing at Nabha for the last more than six years alongwith his family. The respondents have wrongly mentioned the address of Bikram Singh and Sher Singh of village Bhoran Khurd in the above said complaint Bikram Singh and Sher Singh have been involved in the present false complaint being Government employees and the respondents have no cause of action against them; the petitioners filed Revision Petition before the learned Additional Sessions Judge, Patiala against the summoning order dated 01.02.2011 passed by the Sub Divisional Magistrate, Nabha in the complaint under Sections 107/150 Cr.P.C. The learned Additional Sessions Judge, Patiala has dismissed the revision petition being not maintainable in the Court.
(3.) I have heard learned counsel for the petitioners and have perused the record and relevant law.;