ROSHNI DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner takes exception to the order dated 29.7.1997 passed by the Executive Magistrate, by which he disposed of the proceedings under section 145 cr.P.C., by observing that the civil court was already seized of the matter and the civil court passed the order of maintaining of status quo of the possession of the disputed land. He has further observed that in the report submitted by the police, correct discription of the land in dispute has not been shown.

(2.) THE counsel for the petitioner contends that despite the order passed by the civil court that the parties shall maintain status quo in respect of possession of the suit land, the Executive Magistrate is empowered to take cognizance under section 145 Cr.P.C., if necessary ingredients to attract that section have been spelt out. In support of that, he has relied on the ruling of the Supreme Court in Parkash Chand v. State, 1994(3) R.C.R. 217. Counsel for the respondents submitted that since the matter was already seized of by the civil court and interim order was passed on the basis of statements made by the counsel from both sides, there is no question of invoking the powers under section 145 Cr.P.C.

(3.) THE other reason on which the Executive Magistrate declined to exercise the power under section 145 Cr.P.C. is the existence of an order of maintainenance of status quo in respect of possession of the land passed by the civil court.