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2008 Supreme(P&H) 1107

VINOD K.SHARMA
Jasvir Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

Vinod K.Sharma, J.

1. The petitioners seek quashing of the order dated 28.3.2007 attached as Annexure P.12 vide which learned Sub Divisional Magistrate, Phillaur has initiated proceedings under Section 145 of the Code of Criminal Procedure (for short the Code) and has also appointed Receiver.

2. The petitioners seek quashing of proceedings under section 145 of the Code on the plea no case for initiation of proceedings is made out from the application made by respondent No. 3 under section 145 of the Code. He referred to Paras Nos. 2 and 3 of the application filed under section 145 of the Code which read as under :-

"2. That the applicant Sarabjit Singh is the duly recorded co-owner in possession of the suit property to the extent of 1/3 share in the landed property situated at village Landhra, Tehsil Phillaur, as per copy of jamabandi for the year 2002-03. The copies of jamabandi are attached herewith.

3. That respondent Nos. 1, 2 and 3 are also the co-owners in the above said property, but the respondents are bent upon to create dispute with the applicant through his attorney with regard to the landed property mentioned above. There is every likelihood of the breach of pea
















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