In the High Court of Punjab and Haryana at Chandigarh Crl. Misc. No. M- 44357 of 2007 Date of Decision:April 15, 2009 Pritam Singh and others ---Petitioners versus State of Punjab and others ---Respondents Coram: HON'BLE MRS. JUSTICE SABINA *** Present: Mr. M.L.Saini,Advocate, for the petitioners. Mr. Aman Deep Singh Rai, AAG,Punjab Mr. Aman Garg, Advocate for Mr. Sudhir Mittal, Advocate for respondent No. 4 *** SABINA, J. Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as “Cr.P.C.”) for quashing of Calendera submitted by Station House Officer, Police Station, Mour under Section 145 Cr.P.C. and order dated 8.2.2007 (Annexure P-4) passed by Sub Divisional Magistrate, Talwandi Sabo. A calendera was submitted by Station Hosue Officer, Police Station, Mour, under Section 145 Cr.P.C. As per the same there is dispute between the parties with regard to 6 kanas and 19 marlas of land. Notice was issued to party No. 2 i.e. Jagseer Singh. Party No. 2 filed its reply on 18.1.2007. Party No. 1 i.e. Pritam Singh and others had also filed its reply Crl. Misc. No. M- 44357 of 2007 -2- on 5.2.2007. It was alleged by party no. 1 that it was in possession of the land for the last more than 40 years as Gair Marusi. A civil suit is also pending with regard to the land in question in the court of Civil Judge (Senior Division), Bathinda. With regard to the possession of the land in question, one case is also pending in the Court of Civil Judge (Junior Division), Talwandi Sabo, wherein party No. 2 has been restrained from dispossessing party No. 1. The case of party No. 2-Jagseer Singh is that it has purchased 6 kanals 19 marlas of land by way of sale deed from Bhura Singh etc. and it was in possession of the said land as owner. He has also constructed his house in some portion of the said land and is residing therein. After hearing the arguments, learned Sub Divisional Magistrate, Talwandi Sabo, has held that since the matter is already pending in the civil court and restraint orders have been passed with regard to the land, in question, proceedings under Sections 145 and 146(1) Cr.P.C. are liable to be withdrawn. The said reasoning given by learned Sub Divisional Magistrate, Talwandi Sabo, does not suffer from any infirmity. Since, the case between the parties are already pending in the civil court, learned Sub Divisional Magistrate, Talwandi Sabo has rightly withdrawn the proceedings under Sections 145 and 146(1) Cr.P.C. No interference is called for. Accordingly, this petition is dismissed. (SABINA) JUDGE April 15, 2009 PARAMJIT