BALWINDER KAUR Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Present petition is filed assailing the orders dated 28.08.2010 passed by City Magistrate, Haridwar, whereby learned City Magistrate was pleased to take cognizance under Sec. 145(1) and 146(1) Code of Criminal Procedure, attaching the property in question and issuing the notices to the petitioner as well as respondents Nos. 2 to 5. Undisputedly, petitioner has filed civil suit being OS No. 225 of 2010 in the Court of Civil Judge (Sr. Division), Haridwar, Balwinder Kaur Vs. Charanjeet and others, wherein respondents Nos. 2 to 5 herein, were impleaded as defendants Nos. 6 to 9, seeking permanent prohibitory injunction over the property in question against the defendants. Suit, so filed, was decreed ex -parte by the Trial Court vide judgment dated 08.8.2012. It is also not in dispute that both the parties were challaned by the City Magistrate, Haridwar 117/116 of the Code of Criminal Procedure and both the parties have submitted their personal bonds to maintain peace.

(2.) It is settled position of law that if lis is pending before the competent Civil Court involving question of possession and title and Civil court has issued temporary or permanent injunction or Civil Court may issue permanent or temporary injunction for the protection of the possession over the property in question, learned executive Magistrate has no jurisdiction to initiate and continue with the parallel proceedings under Sec. 145 Code of Criminal Procedure.

(3.) Mr. Tapan Singh, learned counsel appearing for the respondent Nos. 2 to 5, submits that since suit was decreed ex -parte, therefore, respondents may approach Civil Court to get ex -parte decree set aside and they shall agitate their possession and right over the property in question before the Civil Court, if suit is restored.