- (1.) By means of this petition the petitioner has prayed for quashing the order dated 20/12/1993, contained in annexure-1 to the writ petition, passed by the Sessions Judge, Gonda, opposite party No. 1, and for quashing the entire proceedings under Section 145 of the Code of Criminal Procedure.
(2.) Heard learned counsel for the petitioner as well as learned Standing Counsel. Learned counsel for the petitioner has argued that parallel proceedings cannot go on under Section 145 of the Code of Criminal procedure along with the proceedings pending before the consolidation courts. According to the learned counsel for the petitioner the petitioner is inpossession of the property in dispute since a long time and the matter is pending before the consolidation authorities. In the meantime opposite party No. 3, Buchcha Bux Singh, raised a dispute about possession on the basis of which proceedings under Section 145 of the Code of Criminal Procedure have been initiated by the police. He has further argued that the learned Magistrate at a later stage of the proceedings on receipt of the police report dropped the proceedings holding that there was no apprehension of breach of peace. Against this order the opposite party No. 3 went in revision and in the revision the order of the Magistrate was set aside and the case was remanded to the Magistrate with certain directions.
(3.) According to the learned counsel for the petitioner once the matter is pending before the consolidation courts the criminal court should stay the proceedings and should not proceed. He has placed reliance on the case of Ram Sumer Puri Mahant v. State of U. P., (1985 (3) LCD 75) : (1985 Cri LJ 752). In this case the Hon'ble Supreme Court has held that where the civil court has decided the matter then institution of parallel criminal proceedings under Section 145 of the Code of Criminal Procedure cannot be justified, hence the decree passed by the civil court is binding on the criminal court and the criminal court should follow the order passed by the civil court. This case has no application with the present case because here the civil court has not decided the case and no case is pending before the civil court.;