BAPULAL Vs. BHAGATRAM

JUDGEMENT

(1.) BY this petition under Art 482, Cr.P.C. the petitioners pray for quashing of pending criminal case No. 222/1990 under Sec. 145, Cr.P.C. pending before the S.D.M., Neemuch. Order dated 8.8.90 passed by the S.D.M. is also sought to be quashed.

(2.) DISPUTE relates to agricultural lands situate in village Panoli tehsil Javad, more specifically described in para 10 of the S.D.M.'s order dated 8.8.90 filed as Ann. 'H' to the petition.

(3.) IT is now a settled proposition that where litigation in respect of property is pending and reliefs of interlocutory nature such as grant of injunction for retaining possession are sought the provisions of Sec. 145, Cr.P.C. are not to be invoked unless there is a case of breach of peace.