S.S.GREWAL,J - (1.) THIS petition under Section 482 of the Code of Criminal Procedure relates to quashment of order dated 29.7.1988 (Annexure P.6) passed by the Additional Sessions Judge, Faridkot.
(2.) IN brief, the facts relevant for the disposal of this case are, that Mohinder Singh, one of the petitioners, filed civil suit for declaration and for grant of permanent injunction, against respondent No. 2 and some others, for restraining them from interfering in his peaceful possession of land in dispute, measuring 80 kanals 19 marlas. Temporary injunction was granted in the said case on 21st November, 1986, directing maintenance of status quo in respect of possession till further orders. Present respondents also filed separate suit in respect of same land on 17.2.1987, which was subsequently dismissed as withdrawn on 30th August, 1988, vide order Annexure P.2. During the pendency of the said suit, proceedings under Section 145, Cr.P.C., were initiated by the Police before the Sub Divisional Magistrate, Faridkot, who, ordered attachment of the suit land, vide order dated 28.5.1987 (Annexure P.4), and vide order of even date (Annexure P.5) appointed Naib Tehsildar, Faridkot as Receiver of the property-in-dispute under Section 146 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'). On the revision filed by respondent Nos. 2 to 5 Additional Sessions Judge, Faridkot, vide impugned order dated 29.7.1988 (copy whereof is Annexure P.6) quashed the orders of attachment and appointment of Receiver. Proceedings under Section 145 were, however, kept alive. It was further held that it was open to either party to move the Civil Court under the Civil Procedure for appropriate interim orders, if so advised, in the event of disputed relating to the possession of the land-in-question. It was also held that the Sub Divisional Magistrate, Faridkot, would decide the question as to whether there was apprehension of breach of peace, and if, so, resort may be had to the provisions of Section 107 of the Code.
(3.) AGGRIEVED by the order passed by the learned Additional Sessions Judge, the present petitioners have filed this petition.;