CHIKKANARASAIAH Vs. VENKATAPPA

JUDGEMENT

(1.) This is a revision petition preferred by. the petitioners-accused against the order of the learned Second Magisirate, Bangalore, dismissing their application filed under Section 344 Cr. P. C. for stay of proceedings pending against them in C. C. No. 973 of 1956, pending disposal of O. S. No. 261/56 on the file of the second Munsiff, Bangalore.

(2.) The facts that have given rise to this peti-tion are briefly as follows:

(3.) The respondent-complainant preferred a complaint against these petitioners-accused before the learned Second Magistrate, Bangalore, alleging that he has been in possession of the schedule land, that the accused trespassed into it on 2-6-56 and obstructed him from ploughing the land, that they further assaulted him and that they thereby committed offences under Sections 447. 341 and 352 I. P. C. After the petitioners-accused appeared before Court, they filed an application under Section 344 of the Criminal Procedure Code for stay of proceedings in that criminal case pending disposal of a civil suit instituted by the respondent-plaintiff in the Court of the learned Second Munsiff. Bangalore, in O. S. No. .261/56. The grounds alleged by the petitioners in support of that application are that they have been in possession of the schedule land, that the complaint is false. that the question as tip who is in possession is also involved in O. S. No. 261/56 on the file of the Second Munsiff, Bangalore, that it would be more appropriate that this question of possession -is gone into in the civil suit, that if the, proceedings in both the Courts are allowed to continue, they (petitioners-accused) will highly be prejudiced and that therefore, the proceedings in the criminal case may be stayed pending disposal of the suit in the civil Court. The learned Magistrate dismissed that application and against that order, this revision petition is filed.