JAMNI BAI Vs. HARNAM SINGH

JUDGEMENT

(1.) THIS petition has been preferred by the petitioner challenging the order passed by the lower revisional Court in relation to the proceedings u/S. 145 Cr.P.C., which were initiated by the petitioner against the respondents arid were pending in the Court of Sub -Divisional Magistrate, Ganj Basoda. In those proceedings, the learned S.D.M. had attached the disputed property and had appointed a Receiver. The Receiver had continued with the possession of the disputed property.

(2.) THE order of the learned S.D.M., Ganj Basoda, was challenged by the respondents before. the lower revisional Court, and the lower revisional Court while describing the facts in paragraph 8 of the order itself found that the husband of the petitioner, named, Daryav, had filed a civil suit against the respondents in the Court of Civil Judge Class -II, Ganj Basoda, and therefore, the two parallel proceedings for the same subject matter could not be permitted to be continued with.

(3.) THIS revision petition is, therefore, allowed. The order passed by the lower revisional Court dated 4.3.92 is set aside and that of the learned Sub -Divisional Magistrate is restored. The record of the learned S.D.M. Court has not been received in this Court. The petitioner shall, however, be free to file a copy of this order before the learned S.D.M. who would conclude the enquiry according to the law.