BHUWAN KUMARI Vs. AKBAR AHMAD & ORS.

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. P C. were initiated by the S.D.M. NainM in respect of the land in dispute and by an inter locutory order the S.D.M. at­tached the property in dispute. Against the order, a revision was filed. The revisional Court was 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 u/s.145, Cr. P C. 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 Sachdeva v. State and an­other reported in A.L.R. 1994 SC 1436 and submitted that the proceedings u/s. 145, Cr. P C. 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 u/s. 145, Cr. P C. were initiated. The High Court after no­ticing the order passed by the S. D. M. under section 145, Cr.PC. passed the fol­lowing order