Judgment I.P.Singh, J. 1. This application has been filed for setting aside the order dated 20-10-1994 passed by the Executive Magistrate in Case No.MI/2069/94 in which the proceeding under Section 144 of the Code of Criminal Procedure (in short the Code) has been initiated under Section 145 of the Code. 2. A proceeding under Section 144 of the Code was initiated by the Executive Magistrate on 25-8-1994 with respect to Plot No. 983 under khata No. 335 measuring an area of 3 Katha 17 dhurs. The petitioners were noticed to appeal and filed their show cause. 3. Learned Counsel appearing on behalf of the petitioner has submitted that since the matter is pending before the Civil Court the proceeding should be dropped as also there was no apprehension of breach of peace. He has further submitted that the hearing of the suit has been commenced and number of witnesses have been examined, therefore, the initiation of the proceeding under Section 145 of the Code will be an abuse of the process of the Court. 4. From the perusal of the record, it appears that the Opposite Party has moved before the Civil Court in Title Suit for issuance of injunction against the construction of the house by the petitioner which was refused by the Civil Court. A petition for the appointment of Advocate Commissioner was also filed by the Opposite Party which is pending for disposal. After refusal of the injunction the Opposite Party filed a petition before the Superintendent of Police for restraining the petitioner to construct the structure over the disputed land. Thereafter, the Officer-in-charge recomended the Sub-Divisional Magistrate to initiate a proceeding under Section 144 of the Code, and the Sub-Divisional Magistrate initiated a proceeding under Section 144 of the Code. 5. It is well settled that when a Civil Suit is pending for a property in dispute and even injunction was refused, the initiation of parallel Criminal proceeding under Section 145 of the Code for the same property would not be justified. It will be an abuse of the process of the Court. In this particular case, the Civil Court has already applied its mind and witnesses are being examined by the Court below now the criminal Court should not be allowed to invoke its jurisdiction at this stage. 6. Accordingly, the order dated 20-10-1994 is set aside and the petition is allowed. In this particular case, the Civil Court has already applied its mind and witnesses are being examined by the Court below now the criminal Court should not be allowed to invoke its jurisdiction at this stage. 6. Accordingly, the order dated 20-10-1994 is set aside and the petition is allowed. However, it is observed that it will be open to the authorities concerned to initiate a fresh proceeding whenever there is an apprehension of breach of peace.