Section 145 CrPC proceedings quashed lacking imminent breach apprehension, delayed initiation post-police resolution, untested witness evidence sans cross-examination, and title adjudication; inherent powers post-revision correct such miscarriages.

JUDGMENT :
Rakesh Kainthla, Judge

The petitioners have filed the present petition for quashing of the order dated 20.07.2024, passed by learned Additional Sessions Judge, Sarkaghat, Camp at Joginder Nagar (learned Revisional Court) vide which order passed by learned Sub Divisional Magistrate (SDM), Joginder District Mandi was upheld. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present petition are that the informants filed an application before learned SDM, Jogindernagar, asserting that the informant Krishan Lal and other villagers used to go to their homes through a 2-karam-wide path constructed in Khara No. 166, by Gram Panchayat Dehluhar. Bhajji Devi, Ranveer Kumar and Subham Kumar dug pits in the path to obstruct it. When Krishan Lal requested the respondents, Bhaji Devi, etc, not to dig pits, they quarrelled with him. They also threatened to block the passage. Hence, it was prayed that the respondents be directed not to obstruct the path and fill the pits dug by them.

3. Learned SDM directed the police to carry out the investigation and seek assistance from the Field Revenue Agency. Station House Officer, Jogindernagar, District Mandi, H.P., submitted a report that he found eight pits of one foot in the path, some of which were filled. Statements of villagers were recorded, who claimed that the passage was quite old and was constructed by the Gram Panchayat 10-12 years before the incident. Bhajji Devi, Ranveer Kumar and Subham Kumar stated that some portion of the road was in their land and they would not allow their land to be used as a path. The path was located at Khasra No.166, and was Gair Mumkin Sadak, as per the report of the revenue agency. It was found after the investigation that Bhajji Devi, Ranveer Kumar and Subham had dug the pits on 14.06.2020. Krishan Lal came to the spot. He called the police. The respondents stopped the work and did not carry out any other activity on the road afterwards. Bhajji Devi had applied for the demarcation of her land. Respondents assured the police not to erect the fence without obtaining the demarcation.

4. Learned SDM directed the issuance of notice under Section 145 of the Cr.P.C. returnable for 16.09.2020. The respondents appeared and filed the reply. The statement of the Secretary, Gram Panchayat Dehluhar, was recorded, and it was held that, as per the revenue record, Khasra number No. 166 was recorded as Gair Mumik Sadak at the time of settlement. A presumption of truth was attached to the entry. The report of the Tehsildar Jogindernagar, District Mandi, showed that the path was 9 to 10 feet wide, which was narrowed to 3 to 4 feet by Kuldeep Chand and Pradeep Chand. The photographs showed the respondents digging the pit. The respondents, Bhajji Devi and Ranveer Kumar, disputed the existence of the path before the police. Secretary Gram Panchayat stated that the path was constructed by utilising government funds. Thus, learned SDM was satisfied that the road was constructed by the Panchayat by spending public money. Hence, he directed the removal of the obstruction and the opening of the road for the use by the general public.

5. Being aggrieved by the order passed by the learned SDM, the respondents file