KIRIT Vs. SAWARNA

JUDGEMENT

(1.) Petitioner has filed this criminal revision under Section 397 read with Section 401 of Cr.P.C., being aggrieved by order dated 07.03.2017, passed by 1st Additional Sessions Judge, Burhanpur in Criminal Revision No. 47/2016 arising out of order dated 08.08.2016 in case No. 20/2015 passed by SDM, Burhanpur. The learned Revisinoal Court has stayed the proceedings under Section 145 of Cr.P.C., pending before SDM Burhanpur. Vide order dated 08.08.2016, SDM has rejected the application filed by respondent/applicant for staying the proceedings of 145 of Cr.P.C.

(2.) According to case, respondent has preferred an application before SDM Burhanpur contending that on 08.07.2016 respondent has received summons issued from 4th Civil Judge Class II, Burhanpur, which shows that petitioner has preferred civil suit before the Civil Court for the same subject-matter. Therefore, in view of the settled law, criminal proceedings under Section 145 of Cr.P.C., cannot be proceeded further. It is well settled principle of law that due to pendency of civil suit for same subject-matter, parallel proceedings of under Section 145 of Cr.P.C. cannot be proceeded analogously. She prays for staying the further proceedings of 145 of Cr.P.C.

(3.) In reply of the application filed by the respondent, it is contended that he has filed the suit for declaring the Will null an void, which is not relevant to subject-matter of this case. In the proceedings of 145 of Cr.P.C. only dispute of possession has to be determined, therefore, proceedings of Section 145 of Cr.P.C. can not be stayed.