SHYAMDAS RATHI Vs. DAULATRAM & ANR

JUDGEMENT

(1.) This revision filed under Section 397 read with Section 401 of Cr.P.C. is directed against the order dated 24.06.2015 whereby criminal revision No. 84/2004 is allowed and order passed by SDM in case No. 06/13/145 dated 03.05.2014 is set aside.

(2.) The admitted facts are that petitioner has filed Civil Suit on 04.04.2013 which is registered as case No. 29A/2013. In the said suit for declaration and injunction, the respondent No.1 and one Goverdhandas Rathi are defendants. Said civil suit is still pending. During the pendency of said civil suit, the Police Authorities initiated the proceeding under Section 145 Cr.P.C. An application under Section 146 Cr.P.C dated 02.04.2014 was filed before the SDM, Shivpuri. Said authority passed a detailed order dated 3rd May, 2014 and directed for appointment of receiver. This order was challenged by respondent No.1 before the revisional court. The revisional court set aside this order mainly on the ground that between the same parties civil suit is pending. Multiplicity of litigation is not permissible.

(3.) Shri Yogesh Chaturvedi, Advocate for the petitioner, criticized this order mainly on the ground that main application under Section 145 is still pending. There is no injunction in the matter by the trial court and hence, judgments relied upon by revisional court are not applicable. He supported the order passed by the SDM.