JHUMMAMAL ALIAS DEVANDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) We grant special leave and proceed to dispose of the appeal. The appeal is directed against the order of the High Court of Madhya Pradesh dated April 25, 1986 quashing the final order made under S. 145 of Cr.P.C. in respect of a shop premises. The shop was in possession of one Asgarali son of Akbar Ali as mortgagee since October 17, 1969. On August 7, 1982, Asgarali was said to have leased out the shop to the petitioner and also delivered possession thereof. The entering of possession by the petitioner became a subject matter of dispute. Apprehending breach of peace, the police initiated proceedings under S. 145, Cr. P.C. before the Additional District Magistrate, Ujjain. In that proceedings, the petitioner was party No. 2 and respondent No. 2 was party No. 1. On August 13, 1982, the Magistrate made a preliminary order. The proceedings continued for about three years. On May 17, 1985, the Magistrate made the final order in the following terms:-

(2.) On July 15, 1985, the respondent filed a suit for injunction. On August 14, 1995, he obtained temporary injunction against the appellant. But upon appeal that temporary injunction was vacated. The learned first Additional District Judge, who delivered the judgment in that appeal, has recorded the following findings :

(3.) In between the parties, there were also certain criminal proceedings regarding the theft from and house trespass on the same premises. A couple of days before the preliminary order was made under S. 145, Cr. P.C. a relation of the appellant filed report before the Police complaining against the respondent. On that report the respondent was prosecuted under Ss. 380 and 454 of the IPC. On February 22,1984, he was convicted of the said offences. But upon appeal, he was acquitted by the Additional District Judge. The revision against the order of acquittal was also dismissed by the High Court.