THAYAMMAL AND OTHERS Vs. KRISHNA CHETTY AND OTHERS

JUDGEMENT

(1.) PROCEEDINGS under S. 145 , Cr. P. C. initiated at the instance of the Inspector of Police, Pennsgaram are sought to be quashed by means of this Criminal Miscellaneous Petition,

(2.) WHAT is urged on behalf of the petitioners is that the first petitioner, acting as guardian and mother of her two sons, who are petitioners 2 and 3, has obtained a preliminary decree for partition against her husband and others in a civil suit and as such the Civil Court has seisin of the matter and therefore, the Criminal Court has no jurisdiction to entertain the proceedings under S. 145, Crl. P.C.

(3.) THE contention of the learned counsel for the petitioners that because the Civil Court is apprised of the dispute, proceedings under S. 145, Crl. P.C. cannot be maintained is without substance. The learned counsel for the petitioners places reliance on M.C. Pally v. B. Kambi : 1969. Cri. L. J. 331 in support of his contention. But, that was a case relating to conducting separate service in a church. That case has nothing to do with the question of possession.