MOHD SHAHID Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr.P.C. for quashing the proceedings taken under section 145 Cr.P.C. between Mohd. Shahid and Sharda Charan Verma, pending in the Court of City Magistrate Gorakhpur.

(2.) Brief facts for the purposes of deciding the present application are that the dispute in the present application relates to a piece of land known as Jamin Khandhar situated in Mohalla Basantpur Mutnasa having an area of 7500 sq. feet. On the report of Sub-Inspector Rajghat, Gorakhpur dated 13-10-1980 reporting that there was an apprehension of breach of peace, the Magistrate on 16-10-1980 passed a preliminary order recording Prima facie satisfaction that there was an apprehension of breach of peace under section 145 Cr.P.C. and also an attachment order under section 146(1) Cr.P.C. Applicant had also filed suit No. 907 of 1980 against Sri Sharda Chandra Verma praying that the defendant be restrained by a permanent injunction from dispossessing the applicant otherwise than in due course of law and further restraining him from interfering in the property in dispute. On 14-10-1980 an injunction order was passed in the case to the effect that the parties shall maintain status quo. After hearing the parties on 4-2-1981 the injunction was confirmed and it was ordered that uptill the date of decision of the suit the defendant will not dispossess the plaintiff from the disputed Khandhar. Plaintiff-applicant was also ordered to maintain status quo till the date of the decision of the suit. Opposite Party Shard a Chandra Verma preferred an appeal which was disposed of by the 3rd Additional District Judge, Gorakhpur on 30-10-1982 and the order passed by the Munsif was confirmed and the defendant was restrained from dispossessing Mohd. Shahid from the land of dilapidated house. The matter was thereafter taken up in writ, petition in this court by opposite party Shatda Chandra Verma. In the writ petition, however, it was directed that the suit itself be, disposed of within a period of four months. This order was passed on 24-7-1984. However, it appears that after the passing of the order by the High Court, Mohd. Shahid withdrew the suit from the Court of Munsif City. Gorakhpur and filed it with amendment before the Civil Judge where it is still pending and injunction order already granted in the suit is still, continuing.

(3.) Learned counsel for the petitioner in this case relying on the decision of the Supreme Court in the case of Ram Sumer Pun Mahanth v. State of U.P. has urged that in this case the parties are already litigating before the civil court and the Civil Court has already granted an injunction restraining the defendant from interfering with the possession of the plaintiff and thus the proceedings initiated under section 145 Cr.P.C. are liable to be quashed.