MEHTABI Vs. AZIZ MIR

JUDGEMENT

(1.) The short question which requires consideration in this revision petition is: Whether institution of a civil suit for injunction regarding the land which is already attached under Sec. 145 of the Code Criminal Procedure would justify the dropping of the proceedings before the Magistrate seized of the proceedings under Sec. 145 Cr, P.C. even when the civil court has yet to decide the question of possession

(2.) The back drop of the facts in which this question arises are the proceedings u/s 145 Cr. P. C. commenced on 9-4-1986 when while drawing up a preliminary order the disputed land was also attached, While proceedings were in progress Aziz Mir, Sona Mir, Maqsud who constitute the second party, instituted a suit for injunction on 20-3-1985 in the court of Sub Judge Handwara. In this suit the following order came to be passed by the Sub-Judge on 20-3-1985:

(3.) This order was later on modified on 29-3-1985 and reads as under: -