Girish Prasad and Ors. vs State of U.P.& Ors.

A.N. Gupta, J.

The dispute relates in this case regarding H. No. 57/84 situated in Mohilla Til Purwa, P.S. Hussain Ganj, Lucknow. Proceedings under Section 145 Cr. P.C. were started by the Magistrate who passed order dated 16.3.93 calling upon the parties to appear and file their written statements on 13493. However, before other proceedings could take place, the petitioners approached this Court by filing this petition under Section 482 Cr. P.C. and on 8493 this Court passed an order staying further proceedings under Section 145 Cr. P.C. The petitioners have filed Civil Suit No. 615/92 against O.R Nos. 5 and 6 which is pending in the Court of Munsif South, Lucknow in which initially an exparte temporary injunction was granted to the petitioners for restraining O.P. Nos. 5 and 6 from interfering in the petitioner''s possession on the said house. However, subsequently that exparte temporary injunction was vacated. The Civil Suit is still pending. When proceedings under Section 145 Cr. P.C. were initiated, the police submitted a report dated 3393 to the Executive Magistrate that there are serious apprehension of breach of peace and therefore, the house should be attached under Section 146 Cr. P.C. However, no such attachment has been made so far but the Police put its lock on the said house. On the last date, both the parties contended that their household articles are kept in the house and therefore, by means of the order dated 23796 a Commission was issued to find out as to whose articles were kept in the house. The Commissioner visited the house after intimating learned Counsel for the parties. At the time of inspection of the Commissioner both the parties including their learned Counsel were present. The Commissioner had reported that articles of the petitioners are kept in the house in question which include Gas Cylinder, Utensils and Clothes etc.

In this petition prayer has been made for quashing the proceedings initiated by the Magistrate under Section 145 Cr. P.C. on the ground that already a Civil Suit is pending in which rights and title of the parties shall be decided. Since the Civil Suit is pending in which rights of the parties shall be adjudicated it is not open to the learned Magistrate to initiate or continue with the proceedings under Section 145 Cr. P.C.

The result is that this petition succeeds and is allowed. Proceedings under Section 145 Cr. P.C. are hereby quashed. The local police is directed to unlock the house in question and deliver its possession to the petitioners.