SHAMRATI KUER Vs. JANKI SARAN SINGH

JUDGEMENT

(1.) THIS is an application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing a proceeding under Section 145 of the Code. The petitioners are the members of the second party.

(2.) THE facts essential for disposing of the present application are that on 1.3.1979 the first party (Opposite party) filed Title Suit No. 60 of 1979 for declaration of title and for permanent injunction restraining the defendants (second party) from interfering with the Batai possession of the plaintiff. While the suit was pending, on 14.6.1979 a petition was filed by the first party (opposite party) for initiating a proceeding under Section 144 of the Code against Shamrati Kuer, Sakaldipa and Shailendra. On the basis of the said application a proceeding under Section 144 of the Code was initiated by the learned Magistrate on 17.6.1979. In answer to the notice issued in the said proceeding cause was shown by the parties therein. After hearing the parties and considering the cause shown by them, the learned Magistrate by order dated 26.7.1979 initiated a proceeding under Section 145 of the Code.

(3.) THE next submission urged on behalf of the petitioners is that the opposite party having gone to the Civil Court or adjudication of his claim in a title suit where he may get the most effective remedy, the initiation of the present proceeding under Section 145 of the Code is an abuse of the process of the law. Reliance has been placed by the petitioners upon 1974 BBCJ 383 (Sia Saran Prasad Singh v. Jagdish Saran Prasad Singh) in support of their proposition. Having heard learned counsel for the petitioners, I am of the view, that there is no rule of law to the effect that if the parties are agitating their dispute before a Civil Court, a proceeding under Section 145 of the Code is illegal or without jurisdiction. I am aware of some cases where a proceeding under Section 145 of the Code had been quashed on the ground that a civil suit was pending between the parties. I have failed to appreciate how a Civil Court can take care of apprehension of breach of the peace. The only legal machinery to take care of breach of the peace is found in the Code of Criminal Procedure. The provisions relevant in this connection are Sections 107, 144, 145 and 147 of the Code of Criminal Procedure.