SAPINDER SINGH Vs. BAIJINDER SINGH

JUDGEMENT

(1.) The impugned order of the Sub-Divisional Magistrate, Rajpura, on March 25, 1987, (Annexure P-8) cannot be sustained keeping in view the fact that the petitioner had no December, 10, 1986, obtained temporary injunction from the civil court to protect his possession over the land in question. It was about three months thereafter that proceedings under section 145 of the Criminal Procedure Code were initiated against the petitioner at the instance of the respondents. In these proceedings, on March 4, 1987, the order granting temporary injunction to the petitioner, was shown to the learned Magistrate, but despite this be proceeded pass the impugned order on the next day i.e. March 25, 1987 whereby not only was a preliminary order passed under section 145 of the Criminal Procedure Code but a Receiver was also appointed in respect of this land. This order is clearly in conflict with the order passed by the civil court and it cannot, therefore, be sustained.

(2.) Further, if is stated that the parties here are brothers and sisters and they have since settled their dispute by compromise.

(3.) In this view of the matter, the impugned order of the Sub-Divisional Magistrate, as also the entire proceedings under Section 145, of the Criminal Procedure Code, are hereby quashed.