CHET RAM Vs. SOHAN LAL

JUDGEMENT

(1.) CHET Ram who is second party before the Sub Divisional Magistrate, Fatehahad has come up in criminal miscellaneous under section 482, Cr.P.C. for quashing of the order dated 25-5-1990, Annexure P1 passed by the Sub Divisional Magistrate whereby he initiated proceedings under section 145, Cr.P.C. and the orders dated 13-9-90 Annexure P2 and 10-6-91, Annexure P4, vide which attachment of the property and registration of Criminal case were passed.

(2.) THE brief facts, leading to the litigation between the parties may be stated.

(3.) THE petitioner challenges the proceedings on the basis that Civil Court was already sized of the matter and temporary injunction had already been issued and the Sub Divisional Magistrate. should not have initiated proceedings under section 145 Cr.P.C. and thereafter on another application of the respondent, proceeded to attach the property. All the remedies for appointment of receiver and attachment of the property were available in the civil suit. I find force in the contention of the learned counsel for the petitioner.