SHAIKH WAJID ABDUL GANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the parties.

(2.) The brief facts for filing this Petition are as under:-

(3.) The learned counsel appearing for the petitioner submits that, initiation of the criminal proceedings under Section 145 of the Criminal Procedure Code against the petitioner by the Taluka Executive Magistrate, Ahmedpur, Dist. Latur based on the police report bearing Outward No. 1834/2013 dated 31st October, 2013 submitted from the Police Station, Ahmedpur could not have been entertained or registered in view of the fact that, there is pending civil suit, in which the complainant and the petitioner are the parties. It is submitted that, the Supreme Court in the case of Ram Sumer Puri Mahant V/s State of U.P. and others, 1985 1 SCC 427 held that, when a civil litigation is pending for the same property wherein the question of possession is involved and the parties are in a position to approach the civil court for interim orders such as injunction or appointment of receiver for adequate protection of the property during pendency of the dispute, there is no justification for initiating a parallel criminal proceeding under Section 145 of Criminal Procedure Code. It is submitted that, under Order XL Rule 1 of Civil Procedure Code, even the Civil court can appoint receiver in case the court is convinced about such prayer. Therefore, the learned counsel appearing for the petitioner submits that, the Petition may be allowed.