JUDGMENT 1. - This petition is directed against the order of SDM, Kotputli dated 23.11.92, whereby the agricultural land bearing khasra Nos. 391, 392, 471., 459 and 460 has been attached and a receiver has been appointed. 2. Learned counsel for the petitioners submitted that there is a civil suit filed by the petitioners in the court of SDO even prior to the proceedings under Section 145 Criminal Procedure Code regarding the land in question wherein the stay has been granted by the trial court vide order dated 10.6.92. Therefore, it is submitted that in view Of the latest decision of their Lordships, no parallel proceedings under Section 145 Criminal Procedure Code can be allowed while a civil suit is pending in the civil court or revenue court. 3. Learned counsel for the respondent submitted that there is every chance, of bloodshed between the parties in case the attachment is revoked. He also placed reliance on some decisions of this Court wherein the receiver has been allowed to continue in spite of the proceedings pending in the civil court. 4. Heard learned counsel for the petitioners and learned counsel for the respondent and learned PP for the State. The facts are not in dispute that a civil suit is pending in the court of SDO, Kotputli and he ordered for status quo on 10.6.92 regarding the agricultural land in question, whether the criminal proceedings under Section 145 Criminal Procedure Code should continue or not while the matter is pending in the civil court. Their Lordships have observed in this regard in the case of Dharampal and others v. Smt. Ramshri and others (1993 Cr.L.R. (SC) 189) in para 10 of the judgment as under:- "When the civil Court appoints a receiver, the order of attachment passed by the Magistrate necessarily gives away to the order of the Civil Court appointing the receiver. It is only when the civil Court does not appoint the receiver that the Magistrate may make arrangements for looking after the property or even appoint a receiver himself." However, even when such a receiver is appointed and the civil Court subsequently appoints a receiver of its own, the Magistrate has to order the receiver appointed by him to hand over the possession of the subject in dispute to the receiver appointed by the civil Court and discharge the receiver appointed by him.
He has also to pass such other incidental or consequential orders as he thinks just. Such order may include an order of withdrawal of the attachment in view of the seizure of the matter by the civil Court and the consequent want of apprehension of breach of the peace." 5. Considering the view taken by their Lordships and to avoid the injustice to both the parties, it is ordered that the receiver so appointed in the proceedings under Section 145, in respect of the land in question, will continue till 15th Sept., 1993. Meanwhile, the trial court i.e. SDO, Kotputli is directed to consider the facts and circumstances of this case and examine whether the appointment of receiver is necessary. If so, pass appropriate order before 15th Sept., 1993. The parties are directed to appear in the court of SDO, Kotputli on 6th Sept., 1993.The petition is disposed of as stated above. *******