DIWAKAR PRASAD MISRA Vs. STATE OF ALLAHABAD

JUDGEMENT

(1.) This petition under Section 482 cr.P.C. is directed against the order dated 23.11.1992 passed by Sub Divisional Magistrate, Kadipur, District Sultanpur in proceedings under Section 145 Cr. P.C.

(2.) I have heard the learned Counsel for the petitioner, learned Counsel appearing for the opposite party No. 2 and learned Standing Counsel.

(3.) The petitioner has alleged in para 7 of the petition and it has not been disputed or controverted that the opposite party No. 2 filed a Civil Suit for cancellation of sale deed and for injunction the Court of Munsif North District Sultanpur on 18.5.1989. That suit is still pending. It is also not disputed that the proceedings under Section 145 Cr. P.C. were instituted after filing of this Civil Suit. It is settled law that proceedings under Section 145 Cr. P.C. cannot be initiated or continued if a Civil Suit in respect of the same subject matter is pending. It has been so laid down in Ram Sumer Pun Mahant State of U.P. and Others. The Supreme Court has observed as follows: When a civil litigation is pending for the property wherein th