PHOOL MOHAMMAD Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Procedure Code, 1973, Sections 145(1), 146(1) and 482 - Attachment of property - Sub -Divisional Magistrate attached the property on Police report that four persons claiming the same - Civil suit is pending regarding same property - Held : Initiation of proceeding under Section 145(1) Cr. P.C. not proper hence quashed - Attached property was directed to be released.

(2.) WHEN a civil litigation is pending for the property wherein the question of possession is involved and has been adjudicated, initiation of a parallel criminal proceeding under Section 145 of the Code, would not be justified. The parallel proceedings should not be permitted to continue and in the event of a decree of the Civil Court, the criminal Court should not be allowed to invoke its jurisdiction particularly when possession is being examined by the Civil Court and parties are in a position to approach the civil Court for interim orders such as injunction or appointment of receiver for adequate protection of the property during pendency of the dispute. Multiplicity of litigation is not in the interest of the parties nor should public time be allowed to be wasted over meaningless litigation. [Para 6] Judicial finding ATTACHMENT OF PROPERTY - LEGALITY OF