MANGRU BHAGAT Vs. BHAWLA ORAM AND ORS.

JUDGEMENT

(1.) HEARD .

(2.) THIS is a peculiar case of its own nature. The 1st party in Criminal Misc. Case No. 728/92 of the Court of Executive Magistrate, Panposh has filed this revision against the reversing order dated J 2.3.1996 passed by the learned Addl. Sessions Judge, Rourkela in Criminal Revision No. 23/94 against the final order under Section 145, Code of Criminal Procedure of the Executive Magistrate declaring the possession of the 1st party vide order dt. 7.11.94.

(3.) AS at the outset this Court has observed that this is a peculiar case of its own nature, to justify the same it may be noted here that the proceeding under Section 145, Code of Criminal Procedure was initiated at the instance of the police. Learned Counsel appearing for the Petitioner states that though he intimated to the Magistrate regarding the decree passed by the Civil Court and filed the documents, yet learned Magistrate proceeded with the proceeding under Section 145. It is rightly stated by the learned Counsel appearing for the 2nd party/opp. parties that in view of the Civil Court decree the proceeding under Section 145 should have been dropped in accordance with the provision in Sub -section (5) of Section 145, Code of Criminal Procedure and it should not have proceeded any more. Learned Counsel for the Petitioner though agrees to that proposition, but states that in the present case the Magistrate proceeded with the proceeding at his own instance and not at the instance of the 1st party. Since the Civil Court after making a hearing, may be ex parte hearing, has decreed the suit, therefore, by 7.11.94 learned Magistrate was founts officio to deal with an application under Section 145, Code of Criminal Procedure Under such circumstance, this Court sets aside the order dt. 7.11.94 of the learned Executive Magistrate as well as the judgment in Criminal Revision No. 23/94. In other words, this Court observes that there was no necessity to adjudicate the matter under Section 145, Code of Criminal Procedure in view of a recent Civil Court decision. The Criminal Revision is allowed accordingly.