(1.) THE petitioner of this revision is party No. 1 before the S.D.M., Sironj, Vidisha. The police proceeded against the petitioner and respondent No. 12 as party No.2 under section 145 Cr.P.C. In the proceedings under section 145 Cr.P.C., an application was filed by party No.1, i.e. the petitioner, for impleading the Municipal Committee, Sironj, as party to the proceedings and the other application was filed for the filing of the pit under the order of the Court. The dispute between the parties included the pit of the disputed property. The learned S.D.M. issued 11 notice to the Municipal Committee, Sironj for showing cause as to why it be not included as party in the proceedings under section 145 Cr.P.C In the other application the party No.1 had stated that the party No.2 had made a pit in the disputed property and due to the water logging in the pit, it was being leaked in the room of party No.1 where the cloth of the shop is kept Due to the water leakage, the cloth of thousands of rupees was being demaged. As such, it was prayed that the PWD or the Municipal Committee be directed to fill up the pit. The learned S.D.M. allowed the application and directed filling of the pit.
(2.) AS against that order, a revision was preferred by party No.2 in the Court below and the learned Revisional Court holding that the power of issuing an injunction was not vested in the trial Court in the proceedings initiated under section 145 Cr.P.C., set aside the order of the S.D.M.
(3.) IN the proceedings under section 145 CLP.C. if the case is of an emergency, the Court can proceed to attach the property under section 146 Cr.P.C. and can plan out its management through the Receiver, but the Court certainly does not possess the power of issuing any mandatory injunction. With the prayer of injunction, the desirous party has to approach the Civil Court and the grievance cannot be remedied by the Criminal Court under section 145 Cr.P. C. The section is preventive in its character and the status quo can be maintained by the Court under its order but an injunction in the mandatory form reversing the wheel cannot be issued by the Court while dealing with the matter under section 145 CLP.C. The order of the Revisonal Court directing the filling of the pit, in the above circumstances, is without jurisdiction and the learned trial Court exceeded its powers in that regard.