KRITI YADAVALIAS KARTIK YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The question for consideration in this case is whether the proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the'Code' should be allowed to continue during the pendency of the Title Suit.

(2.) The facts, not in dispute, are that on 5-3-1991 a proceeding under Section 144 of the Code was initiated On 1-5-1991 the said proceeding was converted under Section 145 of the Code. On 4-3-1992 the land under the proceeding was attached. In the year 1992 Title Suit No. 24/92 was filed by the petitioner for declaration of title, interest and possession over the suit land and also the sale deed dated 22-3-1969 executed in favour of defendant No. 1 Indradeo Rai as illegal and null and void. Opp Party No. 2 is the son of Indradeo Rai, defendant No. 1. Opp. Party No. 2 along with others are defendants in the suit The petitioner after filing of t'-e suit filed an application before the Magistrate for dropping of the said proceeding under Section 145 of the Code on the ground that the civil suit was pending. The said application was rejected by order dated 10-4-1992 which has been impugned in this application On 18-1-1993 while admitting this application the Court directed hearing of this case by a Division Bench.

(3.) Section 145 of the Code is a remedy for prevention of breach of peace arising out of a dispute relating to immovable property. Its primary object is to maintain peace and not to decide the dispute between the contendig parties or adjudicate upon the right of the parties to possession. An order under Section 145 of the Code deals with the factum of possession of the party on a particular day. It confer no title to remain in possession over the disputed property.