NARENDRA SINGH Vs. ADDL S D M

JUDGEMENT

(1.) Heard Sri Rarn Ji Srivastava for the petitioner and Sri N.C. Gupta, Standing Counsel for the State.

(2.) This writ petition under Art. 227 of Constitution of India has been filed by the petitioner challenging the judgment and order dated 3-6-2003 passed by the Additional S.D.M. Dehradun, respondent No. 1. The brief facts rise to this writ petition are that proceedings under Section 145 of Cr.P.C. was initiated by S.D.M. Dehradun in respect of Khasara Nos. 691 and 692 situated at village Ktirkawala, Pargana Parvadun, District Dehradun and Khasara plot No. 955 situated in village Madhowala, Pargana Parvadoon, District Dehradun. The Station Officer, Police Station Doewala, Dehradun submitted his report before the S.D.M. on 16-1-1997 on the basis of which preliminary order was passed by S.D.M and thereafter on 29-1-1997 property in dispute was attached under Section 146, Cr.P.C. On 4-2-1997 the said property was given in the superdagi of one Jamil Ahamad.

(3.) It appears that the petitioner objected to the said proceedings under Section 145, Cr.P.C. on the ground that civil suit between the parties is pending before the Civil Judge (Junior Division) Dehradun and, therefore, proceedings initiated under Section 145, Cr.P.C. is not maintainable.