W C SHAW P LTD Vs. BHAGWAN DAS

JUDGEMENT

(1.) The petitioner W. C. Shaw (Pvt) Ltd., is a private limited company carrying on business of foreign liquor at premises No.46 G. T. Road, Asansol. The premises is owned by the opposite party Bhagwan Das. Bhagwan Das filed Title Suit No. 142 of 1976 in the Civil Court at Asansol for ejectment of the petitioner on the ground of building and re-building stating that the building was in an insecure condition. Bhagwan Das also moved the local Magistrate concerned for drawing up a proceeding under Section 133 Cr. P. C. for demolishing the said premises on the ground that the building stands in a dangerous and insecure position. In the said Title Suit the petitioner filed an application for an injunction restraining Bhagwan Das from taking steps for demolishing the structure. The petitioner then moved the learned local Magistrate for stay of the proceeding pending under section 133 Cr. P.C. The learned Magistrate refused to do so. This Court was thereafter moved for stay of the proceeding under section 133 Cr. P. C. till the disposal of the said Title Suit. Mr. Justice B. N. Maitra by his judgment dated 22.8.78 stayed the proceeding under section 133 Cr. P. C. till the disposal of the said injunction matter. Thereafter the Title Suit No.142 of 1976 was disposed of in favour of Bhagwan Das. The petitioner filed an appeal. That appeal is now pending (Title Appeal No. 45 of 1982). As the Title Suit itself was disposed of, the learned Magistrate by his order dated 10.4.83 directed the parties to come ready for hearing the case on merits. In other words he directed that the proceedings under section 133 Cr. P. C. should continue and should not remain pending anymore. Against this order dated 10.4.83 the petitioner has now moved this Court for stay of the Criminal proceedings till the disposal of the said Title Appeal. The question is whether the Criminal proceeding should remain so stayed as prayed for by the petitioner.

(2.) It is clear from what has been stated above that the proceedings under section 133 Cr. P.C. have been pending for the last 8 years. The learned Advocate Mr. Ghosh appearing for Bhagwan Das has contended before us that if the criminal proceedings are stayed further till the disposal of the title appeal then clearly there will be no end of the matter because the parties may choose to go higher up and this may take another decade with the result that the said criminal proceedings would remain undisputed for a long time to come and the criminal proceedings would thus prove to be completely in fructuous. The very purpose for which the application under section 133 Cr. P.C. was filed would there be thus completely frustrated.

(3.) We have given our best consideration to the facts, circumstances and background of the case and to our mind it appears that there is much substance in the above contention raised by Mr. Ghose. Before Mr. Justice B. N. Maitra the petitioner had previously prayed for stay of the criminal proceeding till the disposal of the Title Suit filed by Bhagwan Das. That prayer had been rejected by Dr. Justice Maitra. The stay order was simply granted for a limited period i.e. till the disposal of the injunction matter. The entire Title Suit has now been disposed of. The petitioner has again moved this Court for stay of the proceeding till the disposal of the Title Appeal itself. If we allow this prayer for the petitioner the result will be that the proceeding will remain unheard for an indefinite period to the prejudice of the opposite party Bhagwan Das.