NIRBHAY SINGH Vs. SUMAT PRAKASH

JUDGEMENT

(1.) This application under Sec. 528 of BNSS has been filed against the order dtd. 18/11/2024 passed by Second Additional Judge to the Court of First Additional Sessions Judge Basoda, District Vidisha in Criminal Revision No.11/2023 by which the order dtd. 03/03/2023 passed by SDM, Basoda in Case No.7/criminal/145/2022, which was passed under Sec. 146 of Cr.P.C. by attaching the disputed property has been affirmed.

(2.) It is submitted by counsel for applicant that an Istgasa was filed by police alleging the possibility of breach of peace. SDM while passing order under Sec. 146 of Cr.P.C. did not record that there is any urgency or possibility of breach of peace and has passed an order of attachment and, therefore, the aforesaid order is a by product by non-application of effect. It is further submitted that the civil suit is pending between the parties and, therefore, in the light of judgment passed by the High Court of Nanital in the case of Rameshwar Havelia Vs. Asian Agro Farms India Ltd. and Ors. reported in 2009 CriLJ 2753 has held that proceedings under Sec. 145 of Cr.P.C. are not maintainable and parties can approach the civil Court. Respondents have already approached the civil Court and there is nothing on record that any order of status quo has been passed.

(3.) Per contra, application is vehemently opposed by counsel for respondents.