A.S.NEHRA,J - (1.) THIS revision petition is directed against the order dated 28-9-1992 passed by Additional Sessions Judge, Kapurthala vide which the revision petition filed by the respondent was dismissed and proceedings under Section 145 of the Cr.P.C. were ordered to be dropped.
(2.) A complaint under Section 145 Cr.P.C. was filed on 24-5-1989 by SHO Bholath stating that there is a dispute between both the parties with regard to the building of Bhagat Singh situated in village Begowal bearing Khasra No. 60/22/2 measuring 2 Kanals 17 marlas with six shops, two stores, two kitchens, two bath rooms, two latrines, one chaubara on the first floor, four rooms, two verandas, etc. It was mentioned in the complaint that there was an apprehension of breach of peace, therefore, the dispute property be attached under Section 145 Cr.P.C. After hearing the parties and inspecting the spot, Executive Magistrate, Kapurthala passed an order attaching the property in dispute on 26-7-1989 and Naib Tehsildar was appointed as receiver to take over possession of the disputed property. Parties led their evidence. After considering oral and the documentary evidence on the record, the learned Magistrate passed the following order :- "I agree with the version that the widow of the deceased is in possession of shops and house etc. and is living there in alongwith Baldev Singh. As regards the other four shops, all 6 brothers are in joint possession. It is, therefore, not proper to cancel the attachment order passed previously. Because the cases are pending in the Civil Court and also with the AC Ist Grade, Kapurthala for partition etc. the attachment will, therefore, continue till the decision of the competent court. The receiver already appointed will continue to discharge his duties for making management of these shops."
(3.) AGGRIEVED by the order date 3-5-1990 passed by the Sub Divisional Magistrate, Kapurthala, Baldev Singh respondent filed a revision petition in the court of Shri G.S. Kalra, Sessions Judge, Kapurthala. Upon the application of Baldev Singh, Shri G.S. Kalra, Sessions Judge, passed an order on 21-6-1990 that the possession shall remain with Baldev Singh and he was ordered to be appointed as receiver till the decision of the revision petition.;