S.S.GREWAL, J. - (1.) THIS petition under Section 482 of the Criminal Procedure, 1973 (hereinafter referred to as the Code) read Article 227 of the Constitution of India relates to quashment of First Information Report No. 186 dated 28-10-1988 registered at Police Station District Bathinda, under Section 379 of the IPC and consequent proceed taken thereunder.
(2.) IN brief, as per allegations in the impugned First Information Report, the land of Ravinder Singh complainant is situated near the home of Kuldip Singh petitioner and others. According to the complaint, land measuring 2 Kanals comprised in Khasra No. 29/23/1 belonging to Kuldip Singh petitioner, continues to be in possession of the accompanied. On 27-10-1988, Kuldip Singh petitioner, who is an Advocate, complainant by 10/15 persons stole Bajra crop from the aforesaid land. The crop was harvested and then taken away in a trolley on the which first information report was lodged. On the same day, Gutm Singh, Jaswinder Singh and Sita Singh informed the complainant about said incident. It was farther alleged in the first information report Kanungo in his Nishan Delhi report dated September 8, 1988 has also mentioned that the complainant is in culminating possession of the said and as such Kuldip Singh petitioner has committed an offence punishment under Section 379 of the IPC. Counsel for the parties were heard. Admittedly, there was civil litigation pending between the with regard to the land-in-dispute. The suit filed by Kuldip Singh petitioner for grant of permanent injunction was decreed by Sub Judge 1st of Phull, on August 5, 1987 to the effect that Kuldip Singh alongwith is in possession of the land in dispute comprising Khasra No. 29 as well as some other land and Ravinder Singh and other defendants, suit, were restrained from interfering in the possession of Kuldip Singh and others over the land-in-dispute. Copies of judgment Annexure and P/2 clearly show that Kuldip Singh petitioner was owner in posse of the land in dispute. The appeal filed by Ravinder Singh and the against the said judgment was dismissed as withdrawn on 23rd August, by Additional District Judge, Bathinda.
(3.) ON behalf of the complainant, reliance has mainly been placed the report of the Kanungo, Mansa Kalan, dated September 8, 1988, wherein it is mentioned that out of Khasra No. 29/23/1 land measuring 1 K 13 Marlas was cultivated and in possession of Ravinder Singh, where and in negligible area cotton crop was standing,;