Crl. Misc. No. M-4373 of 2011 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-4373 of 2011 (O&M) Date of Decision: February 15,2011 Ram Kumar ..................................................................... Petitioner Versus Sub Divisional Magistrate-cum- Sub Divisional Officer (Civil), Hansi and others ............Respondents Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. Sanjiv Gupta, Advocate for the petitioner. ... RITU BAHRI, J. (Oral) This petition under Section 482 of the Code of Criminal Procedure is for quashing the order dated 25.11.2010 (Annexure P-3) passed by respondent No.1 vide which the proceedings under Section 145 Cr.P.C. have been dropped. Mr. Sanjiv Gupta, counsel for the petitioner, has argued that civil case No. 318 of 1993 titled as Manga v. Smt. Anchai was dismissed by the Court of Shri J.S.Sidhu, Civil Judge (Jr. Divn.), Hisar, on 17.12.2002. The appeal was dismissed on 23.3.2007 by the Court of Additional District Judge, Hisar. The R.S.A. filed by Ram Kumar was dismissed by this Court on 18.11.2008, meaning thereby that mutation No.2015 dated 28.6.1953 Crl. Misc. No. M-4373 of 2011 (O&M) [ 2 ] was correct in order. Proceedings under Section 145 Cr.P.C. were initiated and temporary attachment was made vide order dated 17.7.1996 and Naib Tehsildar, Hansi, was appointed as Receiver. Thereafter, the matter was adjourned sine-die. On an application made by the respondents under Section 145 Cr.P.C and without issuing notice to the petitioner, the Kalendra was rejected vide order dated 25.11.2010. No procedure has been followed by the Magistrate and no decision has been taken as to what was the fate before the Naib Tehsildar of the proceedings in relation to produce which was earned during the intervening period i.e. 17.7.1996. The Supreme Court in Shanti Kumar Panda v. Shakuntala Devi 2004 A.I.R. (SC) 115 has held that the query is to be made by the Magistrate independent of the decision of civil Court. In view of the decision in Shanti Kumar Panda's case (supra), this criminal miscellaneous is allowed. The order dated 25.11.2010 (Annexure P-3) is set aside and the matter is remanded back to the trial Court to pass fresh orders after giving notice to the petitioner. 15.2.2011 ( RITU BAHRI ) Rupi JUDGE