BHUWAN KUMARI Vs. AKBAR AHMAD AND OTHER

JUDGEMENT

(1.) THIS is a writ pe­tition filed by the petitioner against the order of revision dated 15.10.2001 passed by the revisional Court under Section 146 of the Code of Criminal Procedure.

(2.) PROCEEDINGS under section 145, Cr.PC. were initiated by the S.D.M. Nainital in respect of the land in dispute and by an interlocutory order the S.D.M. attached the property in dispute. Against the order, a revision was filed. The revisional Court allowed the revision on 15.10.2001, on the ground that the order passed by the S.D.M. was a non ­speaking order and the proceedings un­der Section 145, Cr.PC. should not have been initiated as the property was subject matter of the suit and the par­ties were contesting for their title and possession in the suit.

(3.) LEARNED counsel for the petitioner placed reliance on the judgment passed by the Apex court in the case Prakash Chandra Sachdeua u. State and another AIR 1994 SC 1436, and submitted that the proceedings under section 145, Cr.PC. could be proceeded with as it is the only question of possession and the title was not in dispute. Here in the present case, in the Civil Court an ap­plication under Order 39 Rules 1 and 2, C.PC. moved by the plaintiff was re­jected by the Civil Court, against which the plaintiff/petitioner filed an appeal be­fore the High Court. During the pendency of appeal the proceedings un­der Section 145, Cr. PC. were initiated. The High Court after noticing the order passed by the S.D.M. under Section 145, Cr.PC. passed the following order.