JAGDISH Vs. SUB DIVISIONAL MAGISTRATE PANIPAT

JUDGEMENT

(1.) The respondents Nos. 2 to 4, namely, Ashok Kumar, Lakhwinder Singh and Parduman Kumar filed a Civil Suit for injunction in the Court of Subordinate Judge, Panipat, on the allegations that they are in peaceful possession of the land in dispute and the present petitioner Jagdish Kumar has threatened to dispossess them. Along with the plaint an application for temporary injunction was also moved restraining the petitioner from interfering in their possession. The trial Court granted such a temporary injunction to the respondents but on an appeal the learned District Judge converted the relief to that of status quo. The appellate Court was of the opinion that at that stage of the suit proceedings it could not be ascertained as to which of the parties was in actual possession of the land. The parties were, therefore, ordered to maintain status quo during the pendency of the suit.

(2.) The respondents Nos.2 to 4 also initiated proceedings under S.145 of the Code of Criminal Procedure (hereinafter called 'the Code') on a police report in the Court of the Sub-Divisional Magistrate, Panipat, respondent No. 1. The Sub-Divisional Magistrate passed a preliminary order under S.145 of the Code (Annexure-P. 3) and also attached the disputed land under S.146 of the Code (Annexure-P. 4).

(3.) In this petition under S.482 of the Code, the petitioner has sought quashing of the proceedings under Ss.145 and 146 of the Code taken by the Sub-Divisional Magistrate, Panipat, on the ground that during the pendency of the aforesaid civil suit these parallel criminal proceedings cannot continue.