Mahanat Ram Saran Dass Vs. Harish Mohan & Anr.
EmailAppeal: Criminal Appeal No. 794 of 2000
(Arising out of SLP (Crl.) No. 1111 of 2000)
(Arising out of SLP (Crl.) No. 1111 of 2000)
Petitioner: Mahanat Ram Saran Dass
Respondent: Harish Mohan & Anr.
Apeal: Criminal Appeal No. 794 of 2000
(Arising out of SLP (Crl.) No. 1111 of 2000)
(Arising out of SLP (Crl.) No. 1111 of 2000)
Judges: G.B. PATTANAIK & U.C. BANERJEE, JJ.
Date of Judgment: Sep 15, 2000
Head Note:
CRIMINAL LAW
Criminal Procedure Code, 1973
Section 145 – Civil Procedure Code, 1908 – Section 92 – Disputes as to immovable properties – Disputes likely to cause breach of peace – Power of Magistrate to initiate proceedings. Held, Magistrate cannot invoke the power and appoint Receiver when a civil suit for declaration under Section 92, CPC is pend-ing before competent forum.
(Para 2)
JUDGEMENT:
ORDER
1. Leave granted.
2. The short question that arises for consideration is whether in the facts and circumstances of the present case, a civil suit for declaration under Section 92 of the Code of Civil Procedure being pending before the competent forum, civil court, the respondent was entitled to invoke the jurisdiction of the Magistrate under Section 145 of the Cr.P.C., and the Magistrate was entitled to initiate the proceedings and pass any interim order of appoint-ment of Receiver therein. It is not disputed that in the civil suit itself the Court has passed interim order of injunction, and put certain restrictions on the parties with regard to alienation of the property in question. It is true that applicant before the Magistrate, has not been arrayed as party-defendant in the civil suit, but that will not alter the position in any manner since in our view the civil court being in session of the matter, any appropriate relief could be obtained from the civil court itself and the Magistrate had no jurisdiction in the case in hand to entertain the application under Section 145, and to pass any order thereon. In the circumstances, the impugned order of the High Court as well as the proceedings initiated before the Magis-trate under Section 145 of the Cr.P.C. stand set aside. The appeal is disposed of accordingly. Needless to mention the status quo as on today to be maintained to enable the parties to move the civil court for appropriate orders.
1. Leave granted.
2. The short question that arises for consideration is whether in the facts and circumstances of the present case, a civil suit for declaration under Section 92 of the Code of Civil Procedure being pending before the competent forum, civil court, the respondent was entitled to invoke the jurisdiction of the Magistrate under Section 145 of the Cr.P.C., and the Magistrate was entitled to initiate the proceedings and pass any interim order of appoint-ment of Receiver therein. It is not disputed that in the civil suit itself the Court has passed interim order of injunction, and put certain restrictions on the parties with regard to alienation of the property in question. It is true that applicant before the Magistrate, has not been arrayed as party-defendant in the civil suit, but that will not alter the position in any manner since in our view the civil court being in session of the matter, any appropriate relief could be obtained from the civil court itself and the Magistrate had no jurisdiction in the case in hand to entertain the application under Section 145, and to pass any order thereon. In the circumstances, the impugned order of the High Court as well as the proceedings initiated before the Magis-trate under Section 145 of the Cr.P.C. stand set aside. The appeal is disposed of accordingly. Needless to mention the status quo as on today to be maintained to enable the parties to move the civil court for appropriate orders.
