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Madhya Pradesh High Court · body

1992 DIGILAW 327 (MP)

Bapulal v. Bhagatram

1992-06-23

V.D.GYANI

body1992
JUDGMENT By this petition under Art 482, Cr.P.C. the petitioners pray for quashing of pending criminal case No. 222/1990 under Sec. 145, Cr.P.C. pending before the S.D.M., Neemuch. Order dated 8.8.90 passed by the S.D.M. is also sought to be quashed. Dispute relates to agricultural lands situate in village Panoli tehsil Javad, more specifically described in para 10 of the S.D.M.'s order dated 8.8.90 filed as Ann. 'H' to the petition. It is agreed of all hands that civil suits are pending in respect, of these very agricultural lands before the civil Court wherein interlocutory application for grant of ad interim injunction and appointment of receiver in respect of the agricultural lands have also been moved by the parties. As per order passed by the S.D.M. the land in dispute is held by the receiver appointed by the S.D.M. It is now a settled proposition that where litigation in respect of property is pending and reliefs of interlocutory nature such as grant of injunction for retaining possession are sought the provisions of Sec. 145, Cr.P.C. are not to be invoked unless there is a case of breach of peace. Shri Pavecha learned counsel appearing for the petitioners submits that the civil Court which has not yet has passed orders though seized of interlocutory applications for grant of injunction and appointment of receiver may further defer passing of orders on these applications, and the matter may be unduly delayed. Even while dismissing this petition under Sec. 482, Cr.P.C. in order to allay the fear expressed by Shri Pavehca, the civil Court (Civil Judge Class II, Javad) is directed to decide the pending applications pertaining to grant of injunction and appointent of receiver, filed by the parties, by 31.7.92. The parties are directed to appear before the civil Court on 6.7.92. With this direction the pending proceedings before the S.D.M. Neemuch, under Sec. 145, Cr.P.C. stand quashed. Receiver's possession of the disputed land shall continue till passing of orders by the civil Court as directed above, with the time specified. The receiver appointed by the S.D.M., shall comply with the orders of the civil Court. The continuance of receiver's possession of the disputed land shall be subject to any orders passed by the civil Court and the civil Court will be free to pass any order in accordance with law, on the question of possession and protection. The receiver appointed by the S.D.M., shall comply with the orders of the civil Court. The continuance of receiver's possession of the disputed land shall be subject to any orders passed by the civil Court and the civil Court will be free to pass any order in accordance with law, on the question of possession and protection. I am fortified in my view by a decision of the Supreme Court in Ram Sumer Sufi Mahant v. State of U.P. and ors. ( AIR 1985 SC 472 ) wherein the Supreme Court has held that where a civil litigation is pending for the property and the question of pas session is also involved, parallel proceedings in the criminal Court is not justified. It should be quashed, and leaving it to the parties to approach the Court for grant of injunction of appointment of receiver, in the instant case the parties have actually approached the civil Court and similar applications for grant of injunction and appointment of receiver are pending before the civil Court. In the circumstances the proceedings before the S.D.M., Neemuch under sec.145, Cr.P.C. are quashed. Civil Court as already directed above should pass orders within the time specified, and the continuance of possession with the receiver appointed by the S.D.M. is subject to any order that may be passed by the Civil Court, including the direction to receiver appointed by the S.D.M. to deliver possession in accordance with its order.