AURUDH SHAW Vs. HEMRAJ LAXMIPAT

JUDGEMENT

(1.) This is an application for revision as well as under section 482 of the Code of Criminal Procedure quashing for the case No. M.P. 2310/82 under section 125 of Cr. P. C. pending before the Id. Executive Magistrate, Howrah and/or for setting aside the said proceedings till the disposal of Title Suit No. 273 of 1982, pending in the court of Id. 3rd Munsif, Howrah.

(2.) It is submitted that the present petitioner claims tenancy right in the disputed property and praying for permanent as well as temporary injunction against several defendant including the petitioner in M. P. 2310/82, filed a title suit and in that suit he prayed for temporary injunction restraining the defendants including the present opposite party and the court directed the status quo ante as regards the possession of the disputed property. It is also submitted that the present opposite party, after the said suit was instituted, started a proceeding under section 145, Cr. P. C. against the present petitioner over the self same property and the said proceedings started in 1982, being M. P. No. 2310/82 is dragging on for the last 4 years and that when effective remedy will be given by the Civil Court in a properly constituted civil suit in which opposite party herein has also been made one of the defendants, the present proceedings under section 145, Cr. P. C. is nothing but a harassing one and should either be quashed or be stayed till the disposal of the civil suit.

(3.) It is further submitted that an application was moved before the Id. Executive Magistrate, Howrah for dropping the said proceedings by producing the copies of the orders of the Civil Court by which the Civil Court directed the parties to maintain status qua as regards the possession of the property, but the Id. Magistrate refused to entertain the said application and rejected it by his order dated 21st Dec., 1985.