AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AMRIK Singh and Surjit Singh petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (for short, the Code) for quashing the impugned order dated January 13, 1986 (copy Annexure P3) passed by the Sub -Divisional Magistrate, Malerkotla attaching the property in dispute and appointing a Receiver for tis management.

(2.) IT is unnecessary to recount the facts leading of this petition because parties counsel agree that there exists an order of the Civil Court dated January 8, 1986 passed by the Sub -Judge II Class, Malerkotla, where by an application under order 39 Rules 1 and 2, Cr.P.C. filed by the petitioners was allowed and status quo was ordered to be maintained during the pendency of that application and this matter was brought to the notice of the learned Sub -Divisional Magistrate before the order of attachment was passed by him. The learned counsel for the petitioners has submitted that in this sate of affairs, the order appointing a Receiver by the Sub -Divisional Magistrate tantamounts to disturbing of the order of the Civil Courts and tends to deprive the party of its possession whosoever is in possession of the property in dispute. Be that as it may, respondent No. 2 is using the process of the Executive Magistrate Court's jurisdiction under Section 145 of the Code for the warding the orders and process of the Civil Court which clearly amounts to abuse of the process of the Court of the Executive Magistrate and the provisions of Section 145 of the Code. In a case of this kind where there exists a likelihood of the breach of peace, it would be more proper for the Executive Magistrate to deal with the situation under Section 107 of the Code. In this view, I am fortified by a decision of this Court in Bhawan Pal v. Prem Kumar Jain and others 1982 P.L.R. 195.

(3.) FOR the reasons stated above, this petition is allowed and the impugned order (A copy Annexure P. 3) is quashed leaving it open to the learned Sub -Divisional Magistrate to proceed in accordance with law. Petition allowed.