2004 INSC 0021
                                    SUPREME COURT OF INDIA

                                               State of Punjab

                                                      Vs.

                                              Harbhajan Singh

                                           Crl.A.No. ..... of 2004

                             (Y. K. Sabharwal and A. S. Lakshmanan JJ.)

                                                 05.01.2004

                                                   ORDER

1. Leave granted.

2. F.I.R.No.23 dated 28th May, 2000 was registered at Police Station Rahon, District
Nawanshahr against the respondent under Section 13A of the Punjab Village Common Lands
(Regulations) Act, 1961. The allegations against the respondent are that he is in unlawful
possession of 4 Kanal land since 6 years. Despite repeated requests, the respondent has not
delivered possession of the land to the Panchayat. On investigation, challan was put by the
police before the Court on 18th August, 2000. The case was pending in the Court of Judicial
Magistrate Ist Class, Nawanshahr. At this stage a petition under Section 482 of Code of
Criminal Procedure was filed by the respondent in the High Court seeking quashing of the
F.I.R. and the subsequent proceedings arising therefrom. The High Court, by the impugned
judgment, while observing that the criminal proceedings may be maintainable, has directed
the criminal proceedings to be kept in abeyance till Panchayat is able to establish that the
respondent was in illegal possession of the land in question, in appropriate proceedings.

3. Section 13A reads as under:

        "13-A. Penalities and procedure -(1) No person shall, unless entitled or authorised so
        to do by law, or by an instrument or an order executed or issued by a competent
        authority under law, enter into the possession of any land vested or deemed to have
        been vested in a Panchayat under this Act, or having lawfully entered into possession
        of such land, unlawfully remain in possession thereof on or after the expiry of the
        term of such lawful possession, if any.

        (2) Any person who contravenes the provisions of sub-section (1) shall
        notwithstanding anything contained in any other law, be punishable with
        imprisonment for a term which may extend to two years or with fine which may
        extend to one thousand rupees, or with both.

1  SpotLaw
        (3) Any person who abets an offence punishable under this Act shall be punishable
        with the punishment provided for the offence.

        (4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 an
        offence under this Act shall be cognizable."

4. No reasons have been given in the impugned order for keeping the criminal proceedings in
abeyance. It is evident that on investigation being complete, the challan was filed in Court.
There have to be strong reasons either to quash the criminal proceedings or to direct the same
to be kept in abeyance. The direction that the Panchayat shall establish that the respondent
was in illegal possession, in some other proceedings, and till then to keep the criminal
proceedings in abeyance would make the provisions of Section 13A wholly nugatory.

5. We may note that despite grant of opportunity, the respondent has not filed counter
affidavit. It was, however, sought to be contended by learned counsel for the respondent that
the respondent was in lawful possession of the land in question. That may be a matter of
defence for the respondent before the criminal court. We express no opinion on merits. It is
evident that the impugned order has been passed without any legal ground. It is clearly
unsustainable.

6. For the aforesaid reasons, we set aside the impugned order of the High Court and direct
that the criminal proceedings shall proceed in accordance with law. The appeal is allowed in
these terms.

2  SpotLaw