NATHU RAM Vs. SHYAM SUNDER

JUDGEMENT

(1.) This revision has been directed against the judgment and order dated 27th January, 1992. passed by Sri J.P. Narain IVth Additional Sessions Judge, Budaun, whereby the Additional Sessions Judge had directed the Sub-Divisional Magistrate. Budaun, to drop the proceedings under Section 145/146(1), Code of Criminal Procedure, on the ground that for the same property between the same p y a civil suit is pending.

(2.) The order of the learned Sessions Judge has been assailed on two grounds: firstly the parties in the suit as well as proceedings under Section 145/146 are not the same. Secondly, the property in dispute in both the proceedings is different and thirdly, order of status quo is no order in the eyes of law. The civil court had not passed any order to protect the interest of the parties giving any specific finding in favour of any party.

(3.) The facts of the two cases revealed that in the proceedings under Sections 145 and 146, Code of Criminal Procedure, there was a report of police dated 18.9.1991, that there is a land in the south of Budaun Mamyar Road on which there are markets which take place on Sunday and Wednesday. There is also a house and Marhaiya in the disputed land and there is a dispute between the parties in respect of house, Marhaiya and Teh-bazari. There is a likelihood of breach of peace, different proceedings were pending between the parties and the S.L. prayed for the attachment of the land, house and Marhaiya. The Station Officer gave a site plan showing the houses and the shops between which the Bazar takes place. This is a huge land shown as 'Vivadit Khali Jagah Bazar' in the site plan. This huge land surrounded by these houses and shops is involved in the proceedings under Section 145, Code of Criminal Procedure, whereas in the civil suit revisionist Shyam Sunder alleged that there was some land of Santosh Kumar who was having 3/64, share in the suit land, he used to run his business over the land in question. He had also raised Chhappar and Marhaiya over the same. Santosh Kumar sold the land in question to the Plaintiff on 1.12.1981. The Plaintiff started digging foundation over the purchased land and raised the foundation. Due to heavy rains, the work was suspended. On 7.8.1991, the Defendant threatened to stop the construction by force. The Plaintiff Shyam Sunder prayed for permanent injunction in respect of the purchased land. The purchased land is 1182 sq.m. and a site plan has been given showing the disputed land at two places, one between the shop of Rakesh and plot of Rameshwar and the other in the south in the north of Chakki of Deoki Nandan. Thus, it is apparent that in the civil suit, there was only two small pieces of land whereas in the proceedings under Section 148, Code of Criminal Procedure, there is a question of huge Bazar.