S GURDEV SINGH Vs. STATE OF U P

JUDGEMENT

(1.) K. L. Sharma, J. This is a writ petition under Article 226 of the Constitution of India directed against an order dated 1-12- 1994 passed by the learned Sessions Judge, Dehradan and against the orders dated 2-8-1994 and 6-8- 1994 passed by the S. D. M. , Mussoorie under Sections 145 (1) and 146 (1), Cr. P. C.

(2.) I have heard Sri A. K. Gaur and Senior Advocate Shri R. K. Jain learned counsel for the petitioner, as well as learned Standing Counsel and Shri Tarun Verma learned counsel for the respondents Nos. 4 to 6 and also perused the material brought on record.

(3.) LEARNED counsel for the petitioner has invited attention to a decision of the Hon'ble Supreme Court in the case of Dharampal v. Smt. Kant Shree, JT 1993 (1) SC 61 : 1993 JIC 466 (SC ). It has been held that the Magistrate can pass orders under Sections 145 (1) and 146 (1) of Cr. P. C. when he is satisfied that there exits any likelihood of breach of peace with regard to the possession of the property in dispute, but, this power ceases to exist when the competent court determines the right of the parties with respect to the same property in dispute. This determination can also be made by the competent court at interim stage tentatively and if the competent court passes any interim order, the order of attachment passed by the Magistrate comes to an end, otherwise there will be an inconsistency between the order passed by the Civil Court and the order of attachment passed by the Magistrate.