RAM SARUP Vs. STATE OF HARYANA

JUDGEMENT

(1.) In this petition under Section 482, Code of Criminal, Procedure, the order dated September 15, 1986 of the Sub-Divisional Magistrate, Bahadurgarh. (Annexure P. 5) initiating proceedings under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code) regarding the disputed property, is sought to be quashed.

(2.) The petitioners Nos. 1 to 4 filed suits for permanent injunction in the Court of Subordinate Judge, Bahadurgarh, against the Gram Panchayat and others, regarding the land in dispute. The Court granted interim, injunction in favour of the petitioners, restraining the defendants from interfering with the petitioners possession. The petitioner No. 5 filed similar suit against the Gram Panchayat and in that case also identical ad interim injunction was granted in his favour (Annexure P. 3). Subsequently, the respondent filed a complaint under Section 145 of the Code against the petitioners in the Court of the Sub-Divisional Magistrate, Bahadurgarh, district Rohtak pertaining to the same land (Annexure P. 4). The Sub-Divisional Magistrate on the basis of this complaint initiated proceedings underSection 145 vide an order dated September 15, 1986 (Annexure 5).

(3.) It has been held in Ram Sumer Puri Mahant v. State of U.P. and others, 1985 AIR(SC) 472. that when a civil litigation is pending for the property wherein the question of possession is involved and has been adjudicated, initiation of a parallel criminal proceedings under Section 145 of the Code would not be justified. In other words parallel proceedings under Section 145 should not be permitted to Continue particularly when possession is being examined by the civil court and the Court has prima facie found one of the parties to be in possession of the disputed property.