KARTIKA SAHOO Vs. KRUSHNA CHANDRA SAHOO

JUDGEMENT

(1.) HEARD further argument. This application under Section 482, Cr.P.C. is disposed of in the following manner.

(2.) THE Second Party members in Criminal Misc. Case No. 169 of 2001 of the Court of Executive Magistrate, Jagatsinghpur, have challenged the order dated 19.6.2001 of that Court on the ground of illegality and impropriety in that order. The first party members in that proceeding are the opposite party members 1 and 2 in this case. It appears from the impugned order that learned Executive Magistrate has passed order for attachment under Section 146, Cr.P.C. and has appointed the local R.I. as the receiver for the subject matter of dispute. It is not disputed at the Bar that Title Suit No. 26 of 2001 has been filed by the first party members, inter alia, claiming for the relief of injunction and in that suit, application under Order 39, Rules 1 and 2, CPC was dismissed by the trial Court after granting order of interim injunction and thereafter in Misc. Appeal No. 56 of 2001 the learned Addl. District Judge, Jagatsinghpur allowed the appeal by directing the parties to maintain status quo with respect to the subject matter of dispute.

(3.) REFERRING to the above noted decisions and interpreting the same in accordance with their respective cases, both the parties advance argument, In that respect when the second party/petitioners argue that in view of existence of an order of status quo as per the decision of the Civil Court, the order of attachment by the Executive Magistrate is no more enforceable and maintainable and accordingly he distinguishes the case in which the Apex Court and this Court has stated about maintainability of a proceeding under Section 145, Cr.P.C. notwithstanding pendency of civil dispute. On the other hand, learned counsel for the first party/opposite parties advances the contention that notwithstanding pendency of a civil proceeding the impugned order of attachment is maintainable inasmuch as there has been no order of appointment of receiver and the order in the above noted Misc. Appeal is only for maintaining status quo.