Gram Panchayat/Gram Sabha of village Kasiana vs Kaka Singh

V.K. Bali, J. (Oral)

Gram Panchayat, Kasiana, Tehsil & District Patiala, along with five others have filed this petition under Section 482 of the Code of Criminal Procedure praying that complaint, Annexure P9 dated November 17, 1992 and aftermath thereof i.e. the summoning order, Annexure P12, dated February 28, 1994, be quashed.

The complaint has been filed against the Gram Panchayat and other petitioners under Sections 447, 435 and 379 of the Indian Penal Code on the basic allegation that the complainant Kaka Singh was dispossessed by the petitioners herein, who have been arrayed as respondents in the complaint foresaid, by taking forcible possession despite there being an injunction order issued by the Court against them on September 11, 1992. After recording preliminary evidence, the Magistrate, however, dismissed the complaint. Aggrieved, Kaka Singh, carried a revision before the Addl. Sessions Judge, Patiala, who, vide his orders dated February 28, 1994, ordered the Magistrate to proceed further in the matter and to summon the respondents under Sections 370, 447 and 435 IPC. Since this order is also against the petitioners, the prayer is also to set aside this order as well.

Notice was issued in this case and pursuant thereto, despite opportunities having been granted, no reply has been filed. Mr. Gupta, learned counsel for the petitioners vehemently contends that the complaint and the summoning order, in the facts and circumstances of this case, are nothing but an abuse of the process of the Court. He states that Kaka Singh complainant was a lessee of the Gram Panchayat and his lease stood terminated on April 30, 1992. He, however, filed a suit praying for an injunction against the petitioners that they should not dispossess him from the said land. Even though, initially injunction was granted, but the same was vacated on June 5, 1992. Aggrieved, Kaka Singh carried an appeal against the orders aforesaid which was dismissed. Still not satisfied, Kaka Singh filed a revision in this Court which was dismissed on September 10, 1992. Not only that, Kaka Singh filed yet another suit on October 30, 1992 for the same relief, during the currency of which there was no stay granted at any stage and the said suit was finally dismissed on February 1, 1994. Kaka Singh also filed Civil Writ Petition No. 5110 of 1992 against the Gram Panchayat claiming himself to be owner of the property which too was dismissed by Division Bench of this Court on April 27, 1992. On these basic facts, it is contended by learned counsel that there could not be any offence made out against the petitioners, who were in peaceful possession of the land, the same having been auctioned by the Gram Panchayat to other petitioners in an open auction held in July, 1992.

The facts aforesaid have not been controverted. That apart, various matters discussed above, have been proved by placing on records relevant documents.

After hearing learned counsel for the parties and going through the records of the case, this Court is of the considered view that the complaint against the petitioners and the summoning order are nothing but an abuse of the process of Court. The complainant Kaka Singh, who had lost litigation at all stages and in all Courts, while filing complaint, Annexure P9, did not disclose anything, thus, resulting into complete harassment of the petitioners. Complaint, Annexure P9 and summoning order, Annexure P12, dated February 28, 1994 passed by the Addl. Sessions Judge, are thus quashed.