Subh Karan v. Chandan Mal Duggar Deceased Through L. R. ’s
1999-08-11
SHIV KUMAR SHARMA
body1999
DigiLaw.ai
JUDGMENT 1. - During the pendency of civil suit in respect of property in question, Police Station Ashok Nagar Jaipur initiated complaint under Section 145 of the Code of Criminal Procedure and property was attached. An application for dropping the proceedings was filed by the petitioner before the Additional District Magistrate Jaipur City stating therein that prior to the filing of the complaint under section 145 Cr.P.C. the petitioner had already instituted civil suit and the civil court had already granted temporary injunction in favour of the petitioner. The Additional District Magistrate vide order dated June 3, 1986 observed that there was no justification in continuing further proceedings under section 145 Cr.P.C. but the order of attachment under section 146(1) Cr.P.C. will continue till the matter is finally decided by the civil court. The petitioner assailed the order by filing S.B. Cr. Misc. Petition No. 878/1986, which was dismissed by this court on January 8, 1987 (1987 WLN (UC) 147). It was observed by this court in pare 12 of the judgment thus -- "In the present case, the title and possession of both the sides are still very much doubtful and at least highly debatable. In such circumstances, there is no justification for dropping the proceedings under section 145 Cr.PC. which have been stayed by the Additional District Magistrate Jaipur till the decision of the civil suit instituted by the petitioner. 2. It appears that before the final adjudication of the civil suit the petitioner moved an application under section 151 CPC before the court of Civil Judge (Junior Division) Jaipur East seeking restoration of the possession of the property. Learned Civil Judge dismissed the application vide order dated Sept. 25, 1993. Against this order that the present action for filing the revision has been resorted to by the petitioner. 3. I have reflected over the rival submissions and carefully scanned the material on record. 4. I find no merit in the submissions of learned counsel appearing for the petitioner in view of the findings of this court in Subh Karan v. State of Rajasthan, 1987 WLN (UC) 147 . When it has been held that title and possession in respect of property in question is highly debatable then how the possession of the property can be handed over to the petitioner under section 151 CPC ?
When it has been held that title and possession in respect of property in question is highly debatable then how the possession of the property can be handed over to the petitioner under section 151 CPC ? Knowing fully well the afore quoted observations, the petitioner unnecessary dragged the respondents to this court. 5. I do not see any error of jurisdiction in the order impugned and if it is allowed to stand it would not occasion failure of justice. 6. Resultantly, the revision fails and is hereby dismissed with costs. Learned trial court is directed to adjudicate upon the civil suit pending before it as expeditiously as possible preferably within six months from the date of receipt of this order. Record of the case be sent back forthwith. Parties are directed to appear before the trial court on August 23, 1999.Revision dismissed with costs. *******