H.S.BHALLA, J. - (1.) THE petitioner has knocked at the door of this court by filing this petition under Section 482 of the Code of Criminal Procedure praying for quashment of a composite order dated 7.5.2007 (Annexure P-2) passed by Sub Divisional Magistrate, Batala, under Sections 145 and 146(1) of the Code of Criminal Procedure.
(2.) LEARNED counsel appearing for the petitioner has vehemently contended that the order passed under Sections 145 and 146(1) of the Code of Criminal Procedure is illegal and against the spirit of Section 145 of the Code of Criminal Procedure since the learned Sub Divisional Magistrate was duty bound to give an opportunity to the parties to adduce their evidence or make their claim in respect of the fact of actual possession of the subject-matter. Learned counsel has further contended that the learned Sub Divisional Magistrate, while passing the impugned order dated 7.5.2007, though has given a chance to the parties to appear before him on 10.5.2007 and to present their respective claims, but he could not have passed orders under Section 146(1) of the Code of Criminal Procedure on the same date except in the cases of emergency, whereas the impugned order and the circumstances do not disclose any emergency in the matter. Learned counsel has further brought to the notice of this Court that since the petitioner was never given any opportunity to prove before the learned Sub Divisional Magistrate as to his possession of the land, which is clearly supported by the report of the Naib Tehsildar dated 19.1.2004 and also by both the orders of the learned Sub Divisional Magistrates dated 30.1.1995 (Annexure P-3) and 26.4.2004 (Annexure P-5) and therefore, the orders passed by the learned Sub Divisional Magistrate are arbitrary, illegal and are liable to be set aside. In the written statement filed by the respondents, it has been specifically pleaded therein that a complaint from Palwinder Singh son of Piara Singh, resident of village Bhoja was received from the officer of Senior Superintendent of Police, Batala for inquiry and report. It has been alleged by the complainant that he is in possession of land measuring 11 kanals in khasra Nos. 12/22/1 and 20/2 wherein wheat crop had been sown. Makhan Singh son of Mella Singh and his son Sarabjit Singh are not allowing him to cut the crop of wheat. It has been further averred in the written statement that Sub Inspector/Station Officer Makhan Singh of Police Station Ghuman had reached the place of occurrence for inquiring into the matter and during the inquiry, it was revealed that both the parties were arguing about the possession of the land and as such there existed a dispute over the possession of the land and that there was apprehension of breach of peace between the parties and a request was made to the learned Sub Divisional Magistrate, Batala to proceed under the provisions of Section 145 of the Code of Criminal Procedure. It has been further pleaded in the written statement that respondent No. 3 has also got registered FIR No. 33 dated 4.5.2007 against the petitioner and his family members under Sections 379/447/506/148 and 149 of the Indian Penal Code. This case was registered on the complaint of Gurmeet Singh son of Makhan Singh, resident of Bhoje alleging therein that wheat crop sown by them has been harvested and taken away by the accused.
(3.) HAVING heard learned counsel for the parties and going through the record of the case, I am of the considered view that this petition has got no merit and the same is liable to be dismissed for the reasons to be recorded hereinafter.;