TEK RAM Vs. SUB-DIVISIONAL MAGISTRATE

JUDGEMENT

(1.) ALTHOUGH no question of law has either been framed or formulated by the learned Single Judge for adjudication by a larger Bench but from the reference made by him vide his order dated May 2, 1996 it transpires that this Bench constituted by Hon'ble the Chief Justice has to determine and adjudicate upon a legal proposition as to whether when a civil litigation is pending with regard to a landed property wherein the question of possession is involved and on adjudication a temporary injunction has been granted in favour of the plaintiff the parallel criminal proceedings under Section 145 of the Code of Criminal Procedure initiated by the plaintiff are warranted and justified ?

(2.) THIS reference is born out of a petition under Section 482 of the Code of Criminal Procedure taken into consideration by the learned Single Judge for quashing the proceedings initiated under Section 145 of the Code of Criminal Procedure Code vide Kalendra dated 10.10.1991 (Annexure P-2) and the orders passed thereon contained in Annexures P-3 and P-4.

(3.) THE whole land in these three suits consists of 11 Kanals and 8 Marlas and the dispute relates with regard to the question of possession wherein the petitioners and the respondents claim counter possession over it.