Criminal Misc. No. M-33468 of 2008 (O&M). -1- In the High Court of Punjab and Haryana at Chandigarh. Criminal Misc.No.M-33468 of 2008 (O&M). Date of decision:21.05.2009. Sahab Singh and others. ...Petitioners. Versus State of Haryana and others. ...Respondents. ... Coram: Hon'ble Mr. Justice K. C. Puri. ... Present: Mr. A.P. S. Shergill, Advocate for the petitioners. Ms. Neena Madan, Addl. A.G.Haryana. Mr. R. S. Malik, Advocate for respondent No.4. ... K. C. Puri, J. Judgment. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing FIR No.210 dated 20.9.2008, under Sections 148, 427, 506, 307, 149 IPC and 25/54/59 of the Arms Act, Police Station Kundli, District Sonepat. Criminal Misc. No. M-33468 of 2008 (O&M). -2- The law was set into motion by recording the statement of Naresh son of Jatinder Chauhan who has stated that he was owner of land comprised in Killa No.95/21, 22, 96/22,23,24,25, 124/3, 4,5,6,7,8,9/1, 18,19,20. The land had been fenced by wire by raising pillars around the same. On this land, Sahab Singh son of Shri Deep Chand, Suraj Bhan son of Fateh Singh, Rampal son of Shri Har Narayan, Sat Pal son of Rattan Singh, all residents of Village Katha, Tehsil Khekra, District Bagpat (U.P) are staking their claim. The land is under his possession from the very beginning and is being self cultivated by him. The above persons had filed a case in respect of this land in the High Court at Chandigarh and the same had been decided vide judgment dated 04.09.2008 in his favour. He further stated that on 19.09.2008, he along with Multan son of Bhuley Ram, resident of Manauli, Raju son of Shiv Raj Chauhan, residents of Bawal, Rajesh son of Harsana, Malcha were present in his land at about 3-00 PM. At the same time, Sahab Singh son of Deepak Chand, Jagpal Singh son of Deep Chand Suraj Bhan son of Fateh Singh, Ram Pal son of Har Naryana, Sat Pal son of Rattan Singh, all residents of Katha, District Bagpat came to his fields. Sahab Singh proclaimed that it was their land. Criminal Misc. No. M-33468 of 2008 (O&M). -3- He raised a Lalkara to turn us out from the land and they will take possession of the land. After saying this, Sahab Dingh and Madan fired shots at them with their country made Pistols with an intention to kill them but the shots passed over his head and he had a narrow escape. Thereafter, they raised the Lalkara and attacked them with sticks. They ran out of fear. Sahab Singh and others fire shots to kill them while they were running. They destroyed their crop and took away the pillars and wire fence from the spot with an intention to destroy the markings. Above-said Naresh then requested for his protection and that of his property. The learned counsel for the petitioners has submitted that a Writ Petition was filed in the High Court which has been decided in favour of the petitioners. The petitioners are the owners in possession of the suit property. No empty cartridge was recovered from the place of occurrence. No injury was found on the body of any one. So, a prayer has been made for quashing the above-said FIR. In reply, it is submitted that the petitioners were not joining the investigation. I have considered the submissions made by both the sides and have gone through the record of the case. Criminal Misc. No. M-33468 of 2008 (O&M). -4- There are specific allegations against the petitioners. The disputed question of ownership cannot be decided in the proceedings under Section 482 Cr.P.C. So, no ground for interference is made out, more particularly when the petitioners are not joining the investigation. Therefore, this petition stands dismissed. However, all the points raised above can be raised, by the petitioners, at the appropriate stage of trial before the trial Court. May 21,2009. ( K. C. Puri ) Mamta/Jaggi Judge