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1980 Supreme(P&H) 185

M.M.PUNCHHI
Sardari Lal – Appellant
Versus
State Of Punjab – Respondent


JudgmentJudgment

1. This is a petition under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, for quashing a preliminary order dated 14-4-1980 passed by the Sub Divisional Magistrate, Batala, in proceedings under Sec. 145, Cr. P. C. This petition is listed at the notice of motion stage, but since I have heard the parties counsel at length, it would be expedient to dispose it of finally, in the peculiar facts and circumstances.

2. A parcel of land measuring 10 acres, fully described in the petition, situated in village Puranawala, Tehsil Batala, District Gurdaspur, has, for the moment standing ripe wheat crop due for harvesting. Sardari Lal, petitioner No. 1, and his General Attorney, Raghbir Singh, petitioner No. 2, claim to be in possession of the said land and to have sown the standing wheat crop. On the other hand, respondents Nos. 3 to 8 being Kishan Singh and his five sons, claim to be in possession of the said land and the standing crop. It appears that Shri G. S. Multani, P. C. S. Sub Divisional Magistrate, Batala, suo motu passed a preliminary order under Section 145 (1), Cr. P. C. in the following terms :-

"It has come to my














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