Criminal Misc. No. M-14923 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-14923 of 2011 Date of Decision: 16.5.2011 Girdhari Lal and Others …Petitioners Versus State of Punjab and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. K.S. Cheema, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. seeking quashing of Calandera (Annexure P1) whereby the police has approached the Court of Sub Divisional Magistrate, Hoshiapur, to initiate proceedings under Section 145 Cr.P.C. against the petitioners. Another prayer made in the present petition is that another Calandera submitted by the police under Section 107/151 Cr.P.C. (Annexure P2) calling upon the Sub Divisional Magistrate, Hoshiapur, to initiate security proceedings be also quashed. Learned counsel for the petitioners submits that father of petitioner No.1 has purchased the property. The petitioners are in continuous possession of the same. Rather application for correction of khasra girdawari filed by the private respondents has been dismissed Criminal Misc. No. M-14923 of 2011 2 and on the report called by the Sub Divisional Magistrate, Circle Revenue Officer has reported that the petitioners are in possession of the property. Learned counsel further submits that otherwise also once civil case is pending between the parties, the proceedings under Section 145 Cr.P.C. cannot be initiated. Learned counsel further submits that once Civil Court has ordered status quo qua the land in dispute, the question of possession can best be decided by the Civil Court. It has been admitted by learned counsel for the petitioners that only Show Cause Notice has been issued by the Sub Divisional Magistrate, Hoshiarpur and till today no adverse order has been passed against the petitioners. Mere issuance of Show Cause Notice will not warrant interference of the court at this stage. That being so, the petitioners may justify and satisfy the Sub Divisional Magistrate, Hoshiarpur, that initiation of the proceedings under Section 145 Cr.P.C. and Section 107/151 Cr.P.C. are not called for. Possibility that if the petitioners are able to project their case in accordance with the provisions of law and facts of the case, the Sub Divisional Magistrate, Hoshiarpur, may drop the proceedings cannot be ruled out. Another grievance made, during the course of arguments, is that the petitioner No.1 is a resident of Mumbai and he will have to appear unnecessarily before the Sub Divisional Magistrate, Hoshiarpur. To allay this apprehension, it is observed that petitioner No.1, if so advised, may opt to appear before Sub Divisional Magistrate, Hoshiarpur, through his counsel. Criminal Misc. No. M-14923 of 2011 3 With the observations made above, the present petition is disposed of as premature at this stage. (Kanwaljit Singh Ahluwalia) Judge May 16, 2011 “DK”