Ram Sarup and ors. vs State of Haryana

Pritpal Singh, J.—In this petition under Section 482, Code of Criminal, Procedure, the order dated September 15, 1986 of the SubDivisional Magistrate, Bahadurgarh. (Annexure P. 5) initiating proceedings under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code) regarding the disputed property, is sought to be quashed.

The petitioners Nos. 1 to 4 filed suits for permanent injunction in the Court of Subordinate Judge, Bahadurgarh, against the Gram Panchayat and others, regarding the land in dispute. The Court granted interim, injunction in favour of the petitioners, restraining the defendants from interfering with the petitioners possession. The petitioner No. 5 filed similar suit against the Gram Panchayat and in that case also identical ad interim injunction was granted in his favour (Annexure P. 3). Subsequently, the respondent filed a complaint under Section 145 of the Code against the petitioners in the Court of the SubDivisional Magistrate, Bahadurgarh, district Rohtak pertaining to the same land (Annexure P. 4). The SubDivisional Magistrate on the basis of this complaint initiated proceedings underSection 145 vide an order dated September 15, 1986 (Annexure 5).

It has been held in Ram Sumer Puri Mahant v. State of U.P. and others, A.I.R. 1985 Supreme Court 472 : 1985(1) Recent CR 278. that when a civil litigation is pending for the property wherein the question of possession is involved and has been adjudicated, initiation of a parallel criminal proceedings under S. 145 of the Code would not be justified. In other words parallel proceedings under Sec. 145 should not be permitted to Continue particularly when possession is being examined by the civil court and the Court has prima facie found one of the parties to be in possession of the disputed property.

In the present case the civil Court has found the petitioners to be in prima facie possession of the land in dispute and has issued ad interim injunction in their favour. In such circumstances in view of the dictum of the Supreme Court in the case of Ram Sumer Puri Mahant (supra), the proceeding under Section 145 of the Code at the instance of the other party challenging the petitioners possession cannot be permitted.

For these reasons the proceedings under Section 145 of the Code initiated by the SubDivisional Magistrate, Bahadurgarh, vide his impugned order (Annexure P.5) are hereby quashed.

Proceedings quashed.