ATMA SINGH Vs. STATE

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed by Atma Singh and four other petitioners for quashing the entire proceeding under Section 145 of the Cr PC initiated by order dated 20.5.1994 recorded by Sri A. K. Jaiswal, learned Executive Magistrate, Danapur in case No. 326 (M) 94, as well order dated 28.10.1994 recorded by Sri J.P. Ambascha learned Executive Magistrate, Danapur in the same case. Bv former order, a proceeding under Section 144 of the Code of Criminal Procedure ('Code' in short) was converted into a proceeding under Section 145 of the Code and by later order, the property was attached under Section 146 of the Code and the Court appointed Officer-in-charge, Maner Police Station as receiver.

(2.) The argument on behalf of the petitioners is, under short compass, that Title Suit No. 122/94 is pending in the Court of Munsif, Danapur between the same parties and relating to same disputed land besides some other lands in which the question of title and possession both are involved, hence parallel proceeding cannot run in a Court with criminal jurisdiction. For this, learned counsel has relied upon a decision of this Court in the case of Madan Mishra V/s. Triloki Nath Pandey and others, 2000 1 PLJR 885. The learned counsel for the other side has relied upon a decision in the case of Jhumma Mai @ Devan Das V/s. State of Madhya Pradesh and others, 1988 4 SCC 452.

(3.) In reply thereto, learned counsel for the opposite party No. 2 has drawn my attention to the impugned order which in detail discusses the cases of the rival parties and submits that not only Title Suit No. 122 of 1994, but two other title suits are pending between the same parties and a case under Section 188 of the Code and another Section 107 of the Code as well other criminal cases. Learned counsel submits that in such circumstances, the case needs to be decided under Section 145 of the Code, in view of tense situation prevailing there between the parties which may explode any day.