RABINDRA ALIAS RABINDRANATH PANDA Vs. SUDARSAN PANDA

JUDGEMENT

(1.) The first party in 3 proceeding under section 145, Cr.P.C. has invoked the revisional jurisdiction of this Court challenging the order dated 5-1-1985. By which the learned Executive Magistrate, Chatrapur, has dropped the proceeding on the ground that civil litigation between the parties is pending in this Court and therefore he is prevented to determine the possession or the scheduled land. He has also observed that parties being near relations, there is no cause for breach of peace.

(2.) Heard the learned counsel for the petitioner. None appears for the opposite parties. The impugned order is liable to be set aside, because it cannot be sustained on any of the above grounds. Pendency of civil litigation does not debar an Executive Magistrate from proceeding with a case under section 145 of the Code of Criminal Procedure to its logical and to prevent breach of peace unless there exists an interim order of the Civil Court with regard to possession of the disputed land.

(3.) It reveals from the lower Court record that the first party claimed to have inherited the suit land as the adopted son of one Jata Panda since dead. The second party, on the other hand, claimed under a gift deed from the widow of Jata Panda. There arose two civil suits between the parties and they were heard analogous. Against the decisions in these suits, appeals were filed. It was pointed out by the learned Advocate for the petitioner that the appeal preferred in this Court has in the meanwhile been disposed of.