GURDEV KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) GURDEV Kaur through present petition filed by her under section 482 of the Code of Criminal Procedure seeks quashing of order dated 26th April, 1993, passed by Sub Divisional Judicial Magistrate, Malerkotla as also procedure dated 21st of April, 1993 Annexures P7 and P8 respectively.

(2.) INASMUCH as the arguments that have been raised before this Court do not need giving any details of the case, the same are not being given by this Court to avoid unnecessarily burdening this judgment.

(3.) THE second and last contention of the learned counsel is that respondent Mukand Singh had filed a civil suit with regard to the land subject matter of dispute in proceedings under section 145 of the Code of Criminal Procedure and the civil court has passed an order of status quo and, therefore, once the civil court was seized of the matter, proceedings before the Magistrate under section 145 of the Code of Criminal Procedure would be an abuse of process of Court. This contention has also necessarily to be rejected as it is too well settled by this Court and particularly by the Division Bench of this Court in Mohinder Singh v. Shri Dilbagh Rai, 1976 P.L.R. 803, that proceedings under Section 145 of the Cr.P.C. can certainly be initiated at the instance of the party who has obtained an order of stay from the civil Court so as to protect the said order i.e. order of civil Court.