BHAGIRATHI PARIDA Vs. BIRENDRA PATTNAIK

JUDGEMENT

(1.) Heard. Admit.

(2.) The short question that arises in this Criminal Revision is whether a proceeding under Section 145 of the Code of Criminal Procedure, 1973, hereinafter referred to as the 'Code' for brevity, should be allowed to continue when a civil suit is pending, for the self-same properties, between the same parties, in which right, title, interest as well as the possession of the parties are being adjudicated.

(3.) The petitioner claims to be the purchaser of the case land from one Satyakama Pattanayak. It is further stated that the said Satyakama Pattanayak's predecessor in interest had been settled with the land in a proceeding under the Orissa Estate Abolition Act bearing No. O.E.A. (SM) Case No. 103 of 1985. After purchase, it is alleged that the petitioner's name has been mutated with respect to the case land. The opposite party filed an application under Section 144 of the Code before the Tahasildar and Executive Magistrate, Chandbali. As per the order dated 26.06.2008, the said Executive Magistrate initiated a proceeding under Section 144 of the Code. The petitioner preferred this revision against that order. This Court, vide the order dated 8.08.2008 in Misc. Case No. 1255 of 2008, ordered for maintenance of status quo. As the matter stood thus, the learned Executive Magistrate after expiry of statutory period of 60 days, on 26.08.2008 converted the proceeding to one under Section 145 of the Code.