Gurnam Singh, J. - (1.) Police, Police Station Hathin, filed a complaint under section 145, Criminal Procedure Code, in the Court of Sub-Divisional Magistrate, Nuh, that there was a dispute in between Dhan Singh etc. and Neti etc over the land measuring 82 Kanals 7 Marlas situated in village Menikaula, tehsil Nuh, that Dhan Singh etc. were asserting themselves to be the owners and wanted to plough the same while Neti etc claimed themselves to be the tenants and did not want to leave the land and that there was apprehension that a dispute may occur between them at any time resulting in the commission of a serious offence. The police also requested that the land in dispute be ordered to be attached and both the parties be restrained from interfering with its possession till the decision by the Court.
(2.) On receipt of the report, the learned Sub-Divisional Magistrate, Nuh, passed the order, copy of which is annexure , P. 4, saying that he was satisfied from the police report that a dispute was likely to cause a breach of peace concerning the land described above and required the parties to attend his Court on 29th July, 1975 at 7 A. M. in person or through pleader and to put in written statements of their respective claims regarding the fact of actual possession. He also attached the property considering it to be a case of emergency and appointed the Station House Officer, Police Station Hathin, as its Supardar. Later on the Sub-Divisional Magistrate leased out the land for a period of one year.
(3.) Party No. 2. the petitioners, has filed this petition under section 482 read with section 401, Criminal Procedure Code, for quashing the complaint, copy of which is annexure P. 3, under section 145, Criminal Procedure Code, pending in the Court of Sub Divisional Magistrate, Nuh, and subsequent proceedings of the Court taken thereon.;