Judgment 1. Heard the parties. 2. The present application is primarily directed against an order converting a 144 Cr.P.C. proceedings into a 145 Cr.P.C. proceeding. 3. It is submitted that a civil suit has been filed by one Asgari Khatoon, who is the first cousin of the petitioner and opposite party. From the genealogy given in paragraph 3 of this application, relationships are that Abdullah Khan, Nasrulla Khan, Habibur Rahman and Saira Khatoon are own brothers and sister being issue from Ahmad Hussain Khan whereas Asgari Khatoon is the daughter of Navi Hussain Khan. Navi Hussain Khan and Ahmad Hussain Khan were brothers being sons of Nababuddin Khan. In the said partition suit all the four brothers, sisters, who are cousin of Asgari Khatoon, are the party defendants. It is alleged that the plot of land in respect of which 145 Cr.P.C. proceeding is sought to be initiated is joint family property for partition of which the suit was filed. There are other properties also involved with which we are not concerned. The opposite party did not deny that there was no partition. As such, jointness amongst the parties is accepted. 4. It appears that a dispute has arisen in respect of one of the properties which is subject matter of partition suit as between the two brother i.e. Abdullah Khan and Habibur Rahman. This has led to institution of 144 Cr.P.C. proceeding and then 145 Cr.P.C. proceeding which are challenged before this Court. It is submitted that when all the parties in respect of the properties in question are before the civil court in a partition suit, the proper remedy for a person claiming possession or asserting possession as against the other would normally be the civil court, specially where jointness is accepted. Once jointness is accepted then so long as there was any partition by metes and bounds every member has a right in every part of the property. It is submitted that if ultimately an order has to be passed under Sec.145 Cr.P.C. what would be the effect of the said order. Once jointness is accepted then so long as there was any partition by metes and bounds every member has a right in every part of the property. It is submitted that if ultimately an order has to be passed under Sec.145 Cr.P.C. what would be the effect of the said order. If it declares possession of one party in respect of the joint family properties then it would virtually be passing a decree of partition and granting possession which is not the scope and jurisdiction of the authorities under Sec.145 Cr.P.C, the right of individual member in a joint family property crystalises to a specific member only for a decree of partition. Till then they would in case of dispute be under the supervision of civil court which has all powers of injunction to maintain peace and harmony amongst the parties. 5. In that view of the matter, in the facts of the present case, I am satisfied that the learned Sub-Divisional Magistrate acted fully without jurisdiction in converting the proceedings into a proceeding of 145 Cr.P.C, rather than asking the parties to move the civil court in the partition suit for suitable relief. 6. This application is accordingly allowed and the proceedings as sought to be initiated are quashed.