BORA Vs. NARAYAN ALIAS NARAINA

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure (Hereinafter referred to as the Code) for quashing the proceedings under Section 145 of the Code pending before the Sub-Divisional Magistrate, Londi and to set aside the order dated 20-5-1982 (confirming the order of the learned Sub-Divisional Magistrate) passed in Criminal Revision No. 23of 1981.

(2.) The proceedings under Section 145 of the Code were initiated, at the instance of respondent No.1, against the applicants, by an application dated 20-3-1980 and upon a police report furnishing information that a dispute likely to cause breach of peace in respect of the lands (which are subject-matter of a civil litigation between the parties) and acting on the information, the learned Sub-Divisional Magistrate, after giving an opportunity, to the parties and upon material before him, passed a preliminary order on 22-3-1980. The property including the crop was attached and given on supardnama to one Ayodhya Prasad.

(3.) Before the final order could be passed, respondent No. 1 moved an application purported to be under Section 145(5) read with Section 146(1) of the Code stating inter alia that in view of the pendency of the suit for declaration of title, possession and permanent injunction instituted by respondent No.1 against the applicants, being the Civil Suit No. 35-A/78 and in view of the attachment of the property under Section 146(1) of the Code, there being no breach of peace, prayed for staying further proceedings pending before the learned Sub-Divisional Magistrate until the final decision of the suit. Acting on this application, the learned Magistrate instead of proceeding further, passed the order dated 15-4-1981, staying further proceedings. The applicants being aggrieved by this order of the Sub-Divisional Magistrate challenged the same in the revision before the Sessions Judge, Chhattarpur, who by the impugned order dismissed the revision and confirmed the order of the learned Sub-Divisional Magistrate, Londi.