Ghaman Singh vs Dalip Singh and Others

Vinod K. Sharma, J.—This is a petition u/s 482 of the Code of Criminal Procedure for quashing of order dated 14.7.2006, Annexure P.4,

passed by the learned Sessions Judge, Narnaul vide which revision petition filed by the petitioner against the order of Sub Divisional Magistrate,

Mahendergarh was ordered to be dismissed.

The respondents herein filed a petition under sections 145/146 of the Code of Criminal Procedure (for short the Code) before the learned Sub

Divisional Magistrate on the basis of which DDR was recorded. It is also pertinent to notice here that besides initiation of proceedings under

sections 145/146 of the Code a calandera under sections 107/151 of the Code was also presented against the parties.

On the basis of preliminary evidence led by the respondents herein learned Sub Divisional Magistrate, Mahendergarh was pleased to appoint

Tehsildar Mahendergarh as Receiver in the case and ordered that possession of the land in dispute be taken over by the Receiver.

The order passed by SDM was challenged by the petitioner herein before the learned Additional Sessions Judge, Narnaul on the plea that the

order passed was ex parte at his back without giving any notice to the petitioner. It was also the contention of the learned counsel for the petitioner

that the petitioner herein had filed a civil suit titled Ghaman Singh v. Dalip Singh and others and order of status quo was passed by the learned Civil

Judge on 07.09.2005 the said order was still in force and therefore, no parallel proceedings could be initiated.

Learned Addl.Sessions Judge, Narnaul placed reliance on the judgments of this court in the case of Jagdish alias Jagdish Kumar v. Sub

Divisional Magistrate, Panipat, (1987-1) PLR 206 and Mohinder Singh v. Sh.Dilbagh Rai, 1976 PLR 803 to hold that Sub Divisional Magistrate

is competent to proceed under sections 145/146 Cr.P.C. when an order of status quo is passed by the civil court.

Mr.Parmod Parmar, learned counsel for the petitioner contended that the impugned order cannot be sustained as in the present case admittedly

civil suit was filed prior to the institution of proceedings under sections 145/146 of the Code and in civil proceedings status quo was passed. The

respondents, therefore, had a remedy to approach the civil court for modification of the said order.

In the present case admittedly calandera under sections 107/151 of the Code has also been brought. The Hon''ble Supreme Court in the case of

Mathuralal Vs. Bhanwarlal and Another, has been pleased to lay down that when civil proceedings are pending between the parties, it is not open

to the learned Magistrate to initiate proceedings under sections 145/146 Cr.P.C.

In view of the law laid down by this court in the case of Dhanvir Singh v. State of Punjab and Anr., 1983(1) RCR (Cri.) 538 proceedings under

sections 145/146 Cr.P.C. cannot be sustained.

Consequently, this petition is allowed. Orders passed by the learned Sub Divisional Magistrate and that of learned Addl.Sessions Judge are set

aside and the proceedings initiated under sections 145/146 Cr.P.C. are ordered to be quashed.