RAMESHWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner has filed this petition under section 482 Cr. P. C. on the ground that since in a civil court case is pending and injunction order has been granted, the criminal court should not entertain a case under section 145 Cr. P. C.

(2.) PRIMA facie the submission is attractive and plausible and deserves consideration. I have therefore examined the case thoroughly and asked the learned counsel to read the order of injunction passed by the civil court. This order of injunction of the civil court, part and portion of which has been reproduced and extracted by the criminal court expressly mentions that it is not possible to say that which party is in possession. The learned Magistrate on this ground held that since the civil court has not been able to puma facie decide which party was in possession and further since the civil court has directed the maintenance of status quo only, therefore there is every chance of blood shed between the parties.