NEMANI SAH AND KIRAN DEVI Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS application has been filed for quashing the order dated 05.12.2001, passed by the learned Executive Magistrate, Banka in Miscellaneous Case No. 260 of 1997, by which the learned Executive Magistrate has attached the property owned by the Petitioners and also ordered to appoint the Circle Officer as a receiver to the land in dispute under the provision of section 146 (1) of the Code of Criminal Procedure (in short the Code).

(3.) IT is well settled that when the civil case is pending in the competent court, in such a situation criminal proceeding appertaining to the same matter cannot be allowed to continue.