RAM KARAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing the proceedings under Section 145 Cr.P.C. pending before the City Magistrate/ Executive Magistrate. Sonepat and the orders dated January 4, 1996 passed by the learned Executive Magistrate whereby the land in question was ordered to be attached and a receiver was appointed under Section 146 Cr.P.C. The order passed by the leaned Executive Magistrate dated January 4, 1996 has been attached as Annexure P-7 to the present petition. Vide the aforesaid order, the learned Executive Magistrate ordered that there was an imminent danger of breach of peace and therefore ordered the attachment of land and appointed Tehsildar. Kharkhoda as receiver of the land in dispute. It was further directed that the receiver should take over, the possession of land in dispute. This order dated January 4, 1996 was challenged by the petitioner by way of revision petition. The afore said revision petition was heard by the learned Additional Sessions Judge. Sonepat and vide order dated July 31, 1996, the aforesaid revision was dismissed. The main ground upon which the revision was dismissed was that the order passed by the learned Executive Magistrate was interim order under Section 146 and therefore in view of the bar contained in Section 397 (2) Cr.P.C. the revision against interim order was not maintainable. It is the order of the Executive Magistrate dated January 4 1996 as well as the orders passed by the Additional Sessions Judge which have been challenged by the petitioner in the present petition.

(2.) The main ground upon which the proceedings under Section 145 Cr.P.C. and the aforesaid two orders have been challenged by Sh. Anil Rathee learned counsel appearing for the petitioner is that the dispute with regard to title is already pending before a civil Court and vide orders dated December 17, 1993, in a suit filed by the petitioner Ram Karan the learned civil-court had restrained the defendants therein i.e. Gugan, Rajbir, Sultan and Zile Singh from interfering in the possession of the plaintiff over the land in dispute. On the basis of the aforesaid order passed by the learned civil court, the learned counsel submits that the proceedings under Section 145 Cr.P.C. are without jurisdiction and no cognizance of such proceedings could have been taken by the learned Executive Magistrate.

(3.) During the course of arguments. I have been informed by the learned counsel for the parties that the civil proceedings are still pending. However, it is not clear as to what is the specific order of injunction continuing in those civil proceedings.