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2001 Supreme(P&H) 339

V.M.JAIN
Karam Singh – Appellant
Versus
Sub Divisional Magistrate, Zira – Respondent


Advocates Appeared:
For the Petitioner:Mr. G.S. Nagra, Advocate.
For the Respondent: Mr. J.S. Brar, DAG, Punjab.

JUDGMENT

V.M. Jain, J. - This is a petition under Section 482, Criminal Procedure Code, filed by the petitioners, seeking quashment of the Kalendra under Section 145, Criminal Procedure Code, and the order, copy Annexure P6, passed by SDM, Zira, under Sections 145 and 146, Criminal Procedure Code.

2. The proceedings under Section 145, Criminal Procedure Code, were initiated by the SDM, Zira, in pursuance of the Kalendra submitted by the Police under Section 145, Criminal Procedure Code, in respect of the land in dispute. It was alleged in the said Kalendra that both the parties were claiming their possession over the disputed land and that there was apprehension of breach of peace, in view of the said dispute. It had further been prayed in the said Kalendra that a Receiver might also be appointed under Section 146, Criminal Procedure Code. The said Kalendra is dated 31.1.2000. Thereupon, the SDM, Zira, passed the order, copy Annexure P6 (stated to be dated 8.2.2000), directing that both the parties be summoned, While exercising the powers under Section 146, Criminal Procedure Code, the Tehsildar was appointed as Receiver, in respect of the said land, with a direction that he will ta










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