ORDER :

By way of instant petition, exception has been taken to the proceedings u/s 145 Cr.P.C., initiated by learned Sub Divisional Magistrate, Palampur, District Kangra, H.P. and the order dated 26.06.2020 passed therein. The impugned order reads as under:-

“Case No. U/S 107/150/145 CrPC

State (Smt. Sangeeta Sood) Versus Kalpna Sood etc.

Conditional Order U/S 107/150/145 CrPC

Notice to:- 1. Kalpna Sood d/o Late Sh. Ishwar Dass Sood, 2. Yoti Sood, D/o Late Sh. Inshwar Dass Sood, r/o Village Pheta Bazar P.O. Bhawarna, Tehsil Palampur, District Kangra, H.P.

Conditional Order:-

On the basis of the contents recorded in the kalandra under Section 145 Cr.P.C. and the statements attached thereto a dispute is likely to induce a breach of peace between complainant and the respondent and is within my jurisdiction. All the above said parties were called upon to file written statements to their respective claims as to the fact of actual possession of said land on or before 24.07.2020 at about 2.00 p.m. and after being satisfied by due inquiry, thereupon, without reference to the merits of the claim of either of the parties to the legal right of possession, the claim of actual possession by the compl