2010(1) LAW HERALD (P&H) 466
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice L.N. Mittal
Criminal Misc. No. M-31334 of 2008
Ram Chander & Ors.
v.
State of Haryana & Ors.
{Decided on 26/08/2009}
For the Petitioners: Mr. Ashok Aggarwal, Advocate,
For the Respondent no. 1 and 2: Mr. Sidharth Sarup, AAG Haryana.
For the Respondent nos. 3 to 5: Mr. Atul Lakhanpal, Sr. Advocate with Mr. RS Chahal, Advocate
Criminal Procedure Code, 1973, S.482--Criminal Procedure Code, 1973, S.145 & 146--Quashing--Attachment of land--Breach of peace--Respondent no.3 and petitioner nos. 1 and 2 were in specific possession of joint land--Question of breach of peace in relation to possession over said land does not arise--More over, respondent no.3 has appropriate remedy for restoration of alleged dismantled water course under Haryana Canal and Drainage Act, 1973 and for passage of land in his possession either through civil Court or by way of partition of joint land through Revenue Court--In these circumstances, there was no justification for attachment of and appointment of receiver to take possession of land--Criminal proceedings under Section 145 Cr.P.C. is abuse of process of law--Impugned attachment quashed--Proceedings under Section 145 Cr.P.C. also quashed. (P.7 & 9)