DAYARAM Vs. PRAVEEN

JUDGEMENT

(1.) THIS petition is filed against the order passed by the Addl. Sessions Judge, Dabra. A revision was filed against. the order passed by Sub -Divisional Magistrate whereby, the proceedings under Section 145, Code of Criminal Procedure were quashed by Sub -Divis ·ional Magistrate in view of the Civil Suit pending between the parties.

(1.) The revisional Court has found that the property should be continued under the attachment.Revisional Court has held that the Sub -Divisional Magistrate has committed error by not continuing the property under attachment. Learned counsel for the petitioners submitted that the order passed by Addl. Sessions Judge, is contrary to the law, as he has ignored the provisions of Section 146 of the Code of Criminal Procedure. Learned counsel further submitted that orders of the civil Court are binding upon the criminal Court, therefore, the question in respect of the continuation of the property under the attachment is contrary to law. He submitted that respondent No.1 to 3 filed a civil suit and prayed for grant of temporary injunction. The application for grant of temporary injunction is rejected by the trial Court as well as by the appellate Court and the trial Court found that the plaintiffs/non -applicants failed to prove their possession. A revision has been filed before this Court. In the revision, status -quo is directed to be maintained, but revision is yet to be admitted. Learned counsel for the respondents submitted that since the status -quo is directed, .therefore, the property should be allowed to continue in possession of the receiver. Since civil suit is pending, therefore, proceedings under Section 145 are not maintainable. As the revisional Court has found that the proceedings under Section 145 Code of Criminal Procedure are not maintainable, the question of attachment cannot be allowed to continue. The order is bad in law. The judgment of the Sessions Judge is set -aside with the following directions.