RAS BIHARI RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) THIS is an application under Section 482 of the Code of Criminal Procedure, 1973, (hereinafter referred to as the Code) for quashing the order dated 7.11.2002 and 8.12.2002 passed in Case No. 1246 (M) of 2002 by which the learned Sub -Divisional Magistrate, Bikramganj, Rohtas has initiated a proceeding under Section 145 of the Code on the petition of Dinesh Kumar Rai (Opposite Party No. 2) of the case as against the petitioners and others and vide order dated 8.11.2002 he has attached the disputed land under the provisions of Section 146 of the Code and has passed the order appointing a receiver for the said land.

(3.) LEARNED counsel for the petitioners submitted that the petitioners and the Opposite Party belong to the same family and there are series of title suit in respect of the disputed land. Annexure -4 would show that a title suit has been filed by the present petitioners as against Opposite Party No. 2 and others reladng to possession of disputed property. Relying on a decision in the case of Ram Sumer Puri Mahant V/s. State of U.P. and others, AIR 1985 SC 472 : 1985 East Cr C 444 (SC). learned counsel for the petitioners submitted that during pendency of a civil litigation criminal proceedings are not maintainable and the criminal proceedings are to be dropped. He also submitted that the application for appointment of Receiver with respect to the disputed land is also sub -judice. Therefore, initiating a proceeding under Section 145 of the Code is not maintainable in the eye of law.