NAKUL RAJ SINGHAI Vs. PRAMILA SINGHAI

JUDGEMENT

(1.) This application under Sec. 482 of Cr.P.C. has been filed seeking following relief(s):-

(2.) It is submitted by counsel for the applicants that Sub Divisional Magistrate, Adhartal, District Jabalpur by order dtd. 06/05/2024 passed in Criminal Case No.17/Criminal/145/2024 under Sec. 145 of Cr.P.C. has directed the parties to maintain the status quo. It is submitted that if situation is of emergent in nature and if Sub Divisional Magistrate is not in a position to form a prima facie opinion as to who is in possession of property in dispute, then can pass an order of attachment and appointment of receiver. However, unless and until the SDM comes to a conclusion that complainant is in possession of property in dispute, should not have directed the parties to maintain the status quo thereby leaving the matter to the discretion of the parties to claim that who is in possession.

(3.) Per contra, it is submitted by counsel for the respondent that in fact on 06/05/2024, the applicants had appeared before SDM, Adhartal and had made a statement that in case if an order to maintain the status quo is passed, then they will not have any objection and in spite of making such a statement, applicants have preferred this application.