MAJOR SINGH Vs. SUKHDEV SINGH

JUDGEMENT

(1.) THE petitioners have moved this petition for quashing the order dated May 20, 1991 passed by Sub-Divisional Magistrate, Malerkotla. The learned Magistrate ordered the attachment of the property under Section 146 of the Code of Criminal Procedure and appointed the Circle Revenue Officer (N.T. Ahmedgarh) as official Receiver to take possession of the property in dispute.

(2.) THE petitioners filed a suit for permanent injunction restraining respondent No. 1 from interfering with the possession over the disputed land and also the electric motor installed thereon. The suit was filed during summer vacation and the learned District Judge passed the following order :-

(3.) RESPONDENT No. 1 was not satisfied with the orders passed by the Civil Court. He moved a application before the Sub-Divisional Magistrate for initiating the proceedings under Section 145 of the Code of Criminal Procedure. The impugned proceedings under order has been passed in those proceedings. The order cannot be sustained for the reasons that the Civil Court is already seized of the matter. The subject matter in dispute before the Civil Court is identical with the one pending before the Sub-Divisional Magistrate. The proceedings under Section 145 of the Code of Criminal Procedure were initiated after the filing of the suit referred to above. The proceedings under Section 145 of the Code of Criminal Procedure cannot continue in view of the fact that the Civil Court is already seized of the matter. The initiation of the proceedings under Section 145 Cr.P.C. is gross abuse of the process of Court. The order under challenge is quashed. However, I leave it open to the respondents to move the Civil Court who is already seized of the matter for redressal of his grievance if any. Order accordingly.