AIJAZ AHMAD FAZILI Vs. ARSHID AHMAD MAQDOOMI

JUDGEMENT

(1.) This reference is made by the learned Sessions Judge, Budgam, recommending set aside the order passed by learned Chief Judicial Magistrate, Budgam, whereby proceedings under Section 145, Cr.P.C. pending before him has been stayed till final disposal of the suit.

(2.) Proceedings under Section 145, Cr.P.C. were instituted in February, 2000 before the learned Chief Judicial Magistrate, Budgam. Along with the proceedings, an application under sub-section (iv) of Section 145, Cr.P.C. was also moved. The learned Chief Judicial Magistrate, after drawing the preliminary order on 29th Feb. 2000, attached the property in exercise of the powers under sub-section (iv) of Section 145, Cr.P.C. Later on vide order dated 26/06/2000, the proceedings were dropped by the learned Chief Judicial Magistrate. The order of dropping of the proceedings was challenged by means of Revision Petition before the learned Sessions Judge, Budgam, who upheld the order. The said order were challenged before this Court. This Court vide order dated 21st Dec. 2000 set aside the orders of the trial Court and the revisional Court and directed the learned Chief Judicial Magistrate, Budgam, to decide the proceedings finally in accordance with law. Pursuant to the order of this Court the learned Chief Judicial Magistrate proceeded to adjudicate the proceedings.

(3.) On 3/07/2001 the respondent herein moved in application for staying the proceedings on the ground that a suit with regard to the same property is pending and the civil Court has passed interim direction of maintenance of status quo. Objections to the application were filed by the petitioners herein. The learned Chief Judicial Magistrate, after considering the rival contentions, stayed the proceedings vide order dated 30/07/2001.