- (1.) B. P. Singh, J. Smt. Chamano Devi, the applicant, moved an applica tion on 14-5-1985 in the Court of S. D. M. , Ghaziabad, to initiate proceedings under Section 145, Cr. P. C. in respect of a piece of land which was detailed in the application. After getting the report from the local Police and the Tahsildar, the learned Magistrate was satisfied regarding apprehension of breach of peace. Consequently, a preliminary order was passed on 27-6-1985. The land in dispute was attached.
(2.) THE applicant as well as the opposite party filed their written state ments before the learned Magistrate. After hearing the parties, the learned Magistrate stayed the proceedings under Section 145, Cr. P. C. on 17-3-1986 as civil litigation was pending between the parties, Aggrieved by the order of the Jearaed Magistrate, Shanker opposite party went in revision and his revision Criminal Revision No, 109 of 1986 (Shanker v. Smt. Chamano Devi) was allowed on 10-9-1986 by the IV Addl. Sessions Judge, Ghaziabad and the order dated 17-3-1986 was quashed and the entire proceedings under Section 145, Cr. P. C. were dropped. Aggrieved by the judgment and order dated 10-9-1986, Smt. Chamano Devi has come in revision.
(3.) I have heard the learned counsel for the parties and I have gone through the record of the case. The only question for determination in the case is whether the learned Sessions Judge justified in dropping the proceedings under Section 145, Cr. P. C. in view of the fact that civil litigation was going on between the parties in respect of the same land.;