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JASJIT SINGH BEDI, J. (Oral)

The prayer in the present petition under Section 482 Cr.P.C. is for the quashing of the impugned order dated 28.11.2023 (Annexure P-1) passed by the Sub Divisional Magistrate, Badhra whereby the application filed by the respondents No.1 to 5 under Sections 145 and 146 Cr.P.C. has been allowed and land comprised in Khewat No.44//23, Khatoni Nos.50 & 51, Kite 50, measuring 194 Kanal 17 Marla has been attached and Tehsildar, Badhra has been appointed as Receiver and the impugned order dated 16.04.2024 (Annexure P-3) passed by the Additional Sessions Judge, Charkhi Dadri, whereby the revision petition filed by the petitioners has been dismissed.

2. The brief facts giving rise to this petition are that the respondents/complainants (hereinafter knows as ‘the respondents’) filed an application under Sections 145 and 146 of the Code of Criminal Procedure with the averment that they and petitioners were Biswedar in the land having Khewat No.44//23, Khatoni Nos.50 and 51 total land measuring 194 Kanal 17 Marla in village Kiskindha Tehsil Badhra, District Charkhi Dadri as per Jamabandi for the year 2021-22. The petitioners tried to grab the share of the respondents and on 09.07.2023, when the respondents were taking care of their crops of cotton and millet then the petitioners came there and threatened and abused them. They tried to disturb the peace and were hell bent to quarrel with them and threatened that they would not allow them to come to their fields and would take possession of all the land. Whenever the respondents tried to go to their agricultural fields then the petitioners would start quarreling with them. Previously also, the respondents had given a complaint in this regard to S.P., Charkhi Dadri, on which, a kalandra under Sections 107/150 of Cr.P.C. was forwarded against them and police had reached the conclusion that due to land dispute, the possibility of quarreling between the parties in future, could not be ruled out. On 06.08.2023, the petitioners again threatened the respondents and wanted to quarrel with them whenever they (the respondents) tried to enter into their agricultural fields, and thus, a prayer was made to summon the petitioners and to take possession of the land by appointing a Receiver as there was apprehension of breach of peace between the parties.

3. The petitioners appeared before the Sub Divisional Magistrate, Badhra and filed a detailed reply, wherein, they took plea that there was no dispute between the parties regarding the land. The land had already been orally partitioned between the parties and they were in possession of their respective shares. Some of the petitioners were are also shown in cultivating possession of Khasra Nos.16//7, 8, 9/1, 12/2, 16//13,14/1 and 15/1 and that the application had been filed by the respondents with a false and frivolous version and in fact, there was no dispute qua land between the parties. The case of partition was also pending before Assistant Collector IInd Grade, Badhra. It was further averred that under the garb of the application under Sections 145 and 146 of Cr.P.C., the respondents wanted to take possession of land of the petitioners. On the report filed by the police, there was no averment that there was apprehension of breach of peace and thus, Sections 145 and 146 were not attracted.

4. During the pendancy of the application under Section 145 Cr.P.C, a fresh report was called for by the Sub Divisional Magistrate, Badhra from the SHO Police Station Badhra. After going through the record, the fresh report of the SHO concerned and hearing the parties, the Sub Divisional Magistrate, Badhra ordered the attachment of the disputed agricultural land and appointed Tehsildar, Badhra as a Receiver to take possession of the said land till partition by the Revenue Authorities vide impugned order dated 28.11.2023 (Annexure P-1).

5. The revision petition filed by the petitioners against the order dated 28.11.2