MOHD SADIQ Vs. MOHD YOUSUF KHAN

JUDGEMENT

(1.) This is a petition filed under Sec.148-A of the Code of Civil Procedure seeking caveat expecting a criminal revision case to be filed against the proceedings No. A/3598/88 on the file of the Mandal Revenue Officer, Maheswaram, Rangareddy District.

(2.) The facts in brief are : Proceedings under Sec. 145 Cr. P. C. were initiated against the petitioners and respondents herein in respect of the land in S. Nos. 319/1 and 319/2 in Maktal Village. After taking the relevant steps and calling for the report of the Revenue Inspector, the M. R. O., in the light of the material available lifted the order under Sec. 145 Criminal Procedure Code. The petitioners apprehending that the respondents may file a Criminal Revision Case in this High Court against that order of the M. R. O., filed the present petition under Sec. 148-A of the Code of Civil Trocedure. Office raised an objection as regards the maintainability of the petition filed under the provisions of the Civil Procedure Code in Criminal Proceedings.

(3.) The contention of Mr. E. S. R. Murthy, the learned counsel for the petitioners is that the word 'Court' occuring in section 148-A C. P. C., is comprehensive enough to take-in both Civil as well Criminal Courts and therefore the petition is maintainable. The learned Public Prosecutor submitted that the proceedings under Sec. 145 Cr. P. C., are criminal in nature and therefore any proceedings arising thereunder are of criminal nature attracting the provisions of the Criminal Procedure Code alone and not those of Civil Procedure Code. Therefore the office-objection is sustainable.