INDIRA SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) AFTER 144 proceedings were converted into 145 proceedings with an observation by the S.D.M. that the apprehension of breach of peace continues, the present applicants felt aggrieved and came to this Court, inter alia, making complaint that as a civil suit is already filed by applicant No. 1 against the interest of Opp. Party No. 2 the continuation of the criminal proceedings are bad. it is also contended that as the civil suit would decide the title and question of possession of the parties, the Magistrate should not be allowed to interfere in the matter under some recourse. Placing reliance upon some of the judgments it was further contended that when the civil proceedings have already been initiated by one of the parties then initiation or continuance of criminal proceedings under Section 145, Cr.P.C. would be contrary to law.

(2.) FROM the order, dated 16.6.2000 it would clearly appear that the learned S.D.M. had recorded a positive finding that the apprehension of breach of peace subsists learned Magistrate recorded that the possibility of breach of peace cannot be ruled out.

(3.) THE proceedings under Section 145, Cr.P.C. certainly can be closed down, if the Civil Court passes any order in the present matter. In absence of any interim order by the Civil Court, the Magistrate certainly can proceed with the matter. I find no reason to interfere. THE petition is dismissed.