JUDGMENT S.D. Singh, J. - This is an application in revision against an interim order passes by the Sub-Divisional Magistrate, Meeru refusing to stay proceedings under Section 14l of the Code of Criminal Procedure. Thy applicant went up in revision to the Sessions Judge but without any success, hence this application in revision in this Court. 2. The dispute between the applicant Jafar Husain and the opposite party Girwai Singh is in respect of some land. Girwa, Singh, according to what has been allege( by the applicant, filed a suit for a declara don in respect of this land under Section 22 of the U.P. Zamindari Abolition and Land Reforms Act. During the pendency of the suit, proceedings were initiated under Sec 145 of the Code of Criminal Procedure a the instance of the police as it was apprehended that there might be breach of peat: in connection with this land and that i how those proceedings under Section 145 Cr.P.C. came into existence. The present applicant alleged before the Magistrate that the revenue suit filed by Girwar Singl was about to be decided and he want(these proceedings to be stayed but the Magistrate refused to do so under the order against which a revision has been filed and his order has been confirmed by the Sessions Judge. 3. The learned counsel for the applicant relied upon the case of Sohan Lal v. State, 1967 Alld. Criminal Reports 364 in which a view has been taken which supports his contention. Reliance for the purpose has been placed by Takru, J. in this case on Malkappa v. Padmanna, A.I.R. 1959 Mysore 122. It had been held in that case by a learned single Judge that where a civil proceeding is already pending between the parties and there is an apprehension of breach of peace between them, proceedings under Section 107, Cr.P.C. are more appropriate. I, however, find it difficult, with great respect, to Tree with that view.
It had been held in that case by a learned single Judge that where a civil proceeding is already pending between the parties and there is an apprehension of breach of peace between them, proceedings under Section 107, Cr.P.C. are more appropriate. I, however, find it difficult, with great respect, to Tree with that view. If there is an apprehension of breath of peace unconnected with any immovable property, then certainty Section 107 of the Code of Criminal procedure applies; but if "a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof," then the Magistrate shall make an Order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in dispute to attend his Court in person or by pleader, within a time to be fixed by such Magistrate." 4. The Magistrate thus shall make an Order in writing under sub-sec. (1) of Section 145, Cr.P.C. whenever there is any dispute likely to cause a breach of the peace concerning any land or water or boundaries :hereof. The Magistrate has no option in the matter. He cannot proceed under Section 107, Cr.P.C. If the dispute is co-related to land or water or boundaries thereof, it is only Section 145, Cr.P.C., which gives him power to proceed in the matter and more important than the disposal of civil dispute between the parties is the prevention of apprehended breath of peace. The order under Section 145, Cr.P.C., is aimed at preventing breach of peace and not in deciding any civil dispute between the parties; and that is why even in deciding a case under Section 145 of the Code of 5. Criminal Procedure. the court does not take into consideration the question of title of the parties in respect of the property. It is only possession of the parties concerned which is relevant in deciding the dispute. All what the Magistrate can do in proceedings under Section 145 of the Code of Criminal Procedure is to find out which of the parties was in possession on the relevant date. Having recorded a finding to that effect, the Magistrate puts him in possession and prohibits the other party from interfering with his possession till the question of title is decided by a court of competent jurisdiction.
Having recorded a finding to that effect, the Magistrate puts him in possession and prohibits the other party from interfering with his possession till the question of title is decided by a court of competent jurisdiction. This jurisdiction of the Magistrate under Section 145 of the Code of Criminal Procedure remains unaffected by the pendency of a civil litigation between the parties in respect of title. While a decision on a question of title may take years to be finally decided as the parties after all are not satisfied with the decision of the trial court, the question of apprehension of breach of peace is one which requires immediate attention and any such likelihood of breach of peace has to be put to a stop at once. It cannot, therefore, be said that there is a sort of race in a matter like this. In matters like this, proceedings in a civil court and in a criminal court both stand at their proper places. The jurisdiction of the criminal courts is only limited to the extent necessary for preventing any apprehension of breach of peace. Any order which is served on the parties including the attachment of the property is aimed at only preventing such breach. Once that is achieved, the parties are at liberty to have their title decided by a court of competent jurisdiction, but till then possession of the person who has been held to be entitled to it by the Magistrate has to be safeguarded and is safeguarded by the prohibitory order which is passed against the other party. 6. In my opinion, therefore, it was necessary for the Magistrate to proceed with the disposal of the case under Section 145, Cr.P.C. Even though the civil litigation in the suit which was filed by Girwar Singh may be decided in favour of the applicant, it cannot be said that that would be the final end between the parties. Girwar Singh may go in appeal against that decision if it goes against him. It is necessary for the Magistrate to pass some order in the mean-time so that there may not be any possibility of breach of peace. Proceedings under Section 145, Cr.P.C., have consequently to be gone through their barrier. 7. The application in revision is dismissed.