(1.) THIS petition is directed against the order of the Second Additional Sessions Judge, Raigarh, wherein he refused to interfere with the orders of the Sub -Divisional Magistrate. Raigarh, in proceedings under section 145 of the Code of Criminal Procedure.
(2.) THE Sub -Divisional Magistrate came to a conclusion that it was expedient in view of the emergent situation to pass an order of attachment to prevent a breach of the peace because of a dispute over the lands and crops. By this revision, the applicant seeks to challenge the orders of the Courts below on the ground that the jurisdiction under section 145 of the Code of Criminal Procedure has been exercised improperly and illegally. The matter in dispute here is also the subject -matter of a civil litigation before a civil Court in which the questions of title and possession are being enquired into. It is, therefore contended that there is no necessity for the criminal Court to pass an order of attachment and secondly the exercise of such jurisdiction would be without jurisdiction. The applicant invokes the inherent powers of this Court under section 482 of the Code Criminal Procedure to set aside the Orders.
(3.) FOR a better appreciation of the situation, it is necessary to state some more facts The agricultural lands in dispute are situated in Raigarh and it is the bone of contention that at the relevant time the devolution of the lands was governed by the State wazibularz which provided that the property would devolve on the eldest male member of the family by survivorship and not by inheritance. Ratiram was elder to Paltan and the ancestral properties were in his name. After Ratiram's death, it is contended that the properties could not have been inherited by his widow Mst. Satyawati but devolved by survivorship on Paltan and his younger brother. After the death of Paltan, they came in the hands of Gajpati son of Paltan. Mst. Satyawati was claiming share in the property and, therefore, Gajpati filed a civil suit in the Court of First Civil Judge, Class II, Raigarh, being Civil Suit No.102 -A/71, for a declaration and permanent injunction restraining Satyawati from interfering with the property. On 21 -9 -1971 an interim injunction was granted by the Court. By this interim injunction, the defendant was restrained from alienating the lands IInd from executing a sale deed of the property till the decision of the suit. It was observed by the learned Civil Judge that it was necessary to safeguard the interest of the plaintiff by maintaining status quo as otherwise he would be put to irreparable loss and that his possession over the lands would be disturbed.