Criminal Misc.-M No.2754 of 2008 (O&M) : 1 : IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: OCTOBER 16, 2008 Sanga Masih & another .....Petitioners VERSUS State of Punjab & others ....Respondents CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr.R.K.S.Brar, Advocate, for the petitioners. Mr.Mehar Deep Singh, AAG, Punjab, for the State. Mr.Ravi Malhotra, Advocate, for respondent Nos.2 to 8. **** RANJIT SINGH, J. Petitioners seek quashing of order dated 29.11.2007 passed by Addl.Sessions Judge (Adhoc)-cum-Presiding Officer, Fast Track Court and order dated 14.11.2006 passed by Sub Divisional Magistrate, whereby he has dropped the proceedings under Section 145 Cr.P.C. Criminal Misc.-M No.2754 of 2008 (O&M) : 2 : A Calendra was presented by SI/SHO, Police Station, Purana Shalla, Tehsil and District Gurdaspur stating that a dispute exists between the parties to the petition over the possession of land measuring 371 kanals 5 marlas comprised in khasra numbers mentioned in the impugned order. After receipt of the Calendra and recording the statement of SHO, Naib-Tehsildar, Gurdaspur was appointed as a Receiver under Section 146 Cr.P.C. for looking after the land in dispute till the final decision of the case by the Sub Divisional Magistrate, Gurdaspur. Parties filed their respective proceedings before the Magistrate. The matter in regard to mutation on the basis of sale deeds also reached before this court, but the Civil Writ Petition filed by party No.2 was dismissed. No stay was granted to Manga Masih in a suit filed by him for permanent injunction. In this background, it was found that possession of party No.1 was old and continuous and, therefore, it was required to be put in possession on the conclusion of the proceedings. Reference has also been made to the order passed by this Court in Criminal Misc.No.41640-M of 2000, wherein it was held that the proceedings under Sections 145 and 146 Cr.P.C. will be concluded within three months and any order passed in the said proceedings will be subject to the orders which may be passed by the civil court since the suit already pending in the civil court. It was further directed that the petitioners will also be entitled to contend that the proceedings itself are not maintainable in view of pending civil suit, which contention will be examined in accordance with law. It is in this background and after considering the pleas of counsel for the respective parties, the Criminal Misc.-M No.2754 of 2008 (O&M) : 3 : Sub Divisional Magistrate, Gurdapur has dropped the proceedings under Section 145 Cr.P.C. with direction that the possession of the property be handed over to party No.1 Gurdial Singh and others. Reference has also been made to the findings recorded in a civil suit titled Manga Masih v. Gurdial Singh and Ranjit Kaur, wherein it is held that the plaintiffs have themselves alleged to be owners in possession of the land on the basis of a Will executed in their favour by Tirath Ram and the mutation Nos.303 and 312, which were sanctioned by the Revenue Officer in their favour, but they have not placed on record the copy of the Will, on the basis of which they claimed to be in possession of the land in dispute. No witnesses have been examined to prove the execution of the Will. It is also noticed that the mutation sanctioned by the Revenue Officer in their favour has already been set aside. Notice has also been taken of the fact that no injunction has been granted in favour of the plaintiffs and their suit has been dismissed. The submission by the counsel for the petitioner that this would not show Gurdial Singh to be in possession for the Magistrate to hand over possession to him is not justified. Since the possession in this case was taken and the Receiver appointed, the same has to be handed over to a party entitled to the possession on the basis of a civil suit that has been decided. The Sub Divisional Magistrate was also to comply with the directions of this court to decide the same on the basis of the decision in the civil suits and he accordingly has rightly concluded that the proceedings under Section 145(1) Cr.P.C. have to be dropped and the possession on the basis of various judgments and Criminal Misc.-M No.2754 of 2008 (O&M) : 4 : decrees of the civil courts is required to be handed over to Gurdail Singh, party No.1. I do not find any infirmity in the impugned order, especially so when the same was challenged in a revision filed before Addl.District Judge (Fast Track Court), Gurdaspur. It has rightly been observed by the Addl.Sessions Judge that it is a settled proposition of law that once the dispute with regard to possession is pending and decided by the civil court, the proceedings under Section 145 Cr.P.C. cannot be initiated. It has accordingly been observed that in view of the order passed by the civil court, it would not be appropriate to initiate any proceedings under Section 145 Cr.P.C. Thus, I do not find any merit in the present petition and the same is accordingly dismissed. October 16, 2008 ( RANJIT SINGH ) ramesh JUDGE