KULWANT KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a petition Under Section 482, Cr. PC filed by Smt. Kulwant Kaur against the order of the Addl. Sessions Judge No. 2 Ajmer, dated December 20, 1988, whereby the revision petition filed, by Smt. Laxmi Devi, non -petitioner No. 2, against the order of the Additional District Magistrate (City), Ajmer dated August 12, 1987 for continuing the proceedings Under Section 145, Cr.PC was set aside.

(2.) THE facts leading to the filing of this petition are that Smt. Kulwant Kaur, petitioner, is land -lady of residential house No 1129A/26, situated in Bhagwanganj, Ajmer and this house was under the tenancy of Smt. Laxmi Devi and her husband Kishorilal. Smt. Kulwant Kaur filed a civil suit No. No 37/1987 against Kishori Lal and Smt. Laxmi Devi for arrears of rent and ejectment from the said premises. In that suit, it was alleged that a decree for ejectment was passed against the tenants. Smt. Kulwant Kaur proceeded to executed that, decree by means of an Execution Application No 11 of 1980 and the petitioner states that with the Police assistance possession of the said premises was delivered to her on October 11, 1980. After ejectment, Kishori Lal and Smt. Laxmi Devi started living in front of this house by pitching a tent. During the night intervening 5th and 6th June, 1981, Kishori Lal and Smt. Laxmi Devi trespassed over the house. The petitioner initiated proceedings Under Sections 107 and 116 of the Code of Criminal Procedure. She also made a complaint No. 96/1981 Under Sections 145 and 107, Cr.PC on August 4, 1981, raising the dispute about possession and complaining breach of peace. A preliminary order was drawn by the Additional District Magistrate, Ajmer on September 1, 1981. Kulwant Kaur, petitioner, also filed a civil suit Under Section 6 of the Specific Relief Act against Smt. Laxmi Devi and that suit is still pending. Smt. Kulwant Kaur in that suit made an application Under Order 40 Rule 1 of the Code of Civil Procedure for appointment of receiver, but the application was dismissed by the Civil Court On February 15, 1986.

(3.) AGGRIEVED by this order of the Additional District Magistrate, Ajmer (City), Smt. Laxmi Devi filed a revision petition No. 39/1987, before the Sessions Judge, which was decided by the Additional Sessions Judge No. 2, Ajmer on December 20, 1988, The Additional Sessions Judge relied upon the decisions of their Lordships of the Supreme Court in Ram Sumer Puri Mahanat v. State of UP and Ors. : AIR1985SC472 and of this Court in Om Prakash v. State [1987(2) WLN 661], in which it was held that where proceedings Under Section 145, Cr.PC are pending and in respect of the same property, a civil suit has also been filed and is pending, parallel proceedings cannot continue. He, therefore, set aside the order of the Additional District Magistrate dated August 12,1987 and remanded the case to the Additional District Magistrate to pass an appropriate order in the light of the Additional Sessions Judge. Smt. Kulwant Kaur has moved this petition Under Section 482 Cr.PC to quash the said order of the Additional Sessions Judge No. 2, Ajmer.