- (1.) G. P. Mathur, J. This petition under Section 482, Cr. P. C. has been filed for quashing the proceedings of Criminal Case No. 28 of 1988 pending in the Court of Addl. City Magistrate 3rd, Lucknow.
(2.) I have heard learned Counsel for the parties and have perused the record, Shambhu, applicant No. 3 filed a suit bear ing No. 84 of 1988 against Pappu and others on 13-3-1988 for restraining them from interfering in his possession and also, from making any construction over the land in dispute. He also moved application under Order XXXIX, Rule (1), C. P. C. and the learned Munsif by his order dated 14-3- 1988 issued notices to the defendants and further restrained them from making any construction over the land in dispute. After about a month the Addt. City Magistrate, IIIrd, Lucknow passed ai order on 15- 4-1988 initiating proceedings under Section 145, (1), Cr. P. C. By the aforesaid order, the also directed the par ties to appear in his Court on 27-44988 and to file written statement in support o their respective claims. The initiation of the proceedings under Section 145, Cr P. C. has been challenged by means of the present petition under Section 482, Cr P. C. The facts of the case show that a civil suit had been filed nearly a month prior to the passing of preliminary order and an injunction order had already been passed. In these circumstances, initiation of proceedings under Section 145, Cr. P. C. with regard to the same property cannot be justified. In Ram Sumer Puri Mahant v. State of UP 1985 (22) ACC 45 (SC), it has been held that where civil litigation is pending in which question of possession is also involved, initiation of proceedings under Section 145, Cr. P. C. should not be permitted to continue as the parties are in a position to approach the Civil Court for interim orders such as injunction or ap pointment of receiver for adequateprotec-tion of the property during the pendency of the dispute. In the present case, an injunc tion order had already been passed by learned Munsif and in these circumstan ces, no further action was necessary for protection of the property. Thus initiation of proceedings under Section 145, Cr. P. C. is wholly un ustified and they deserve to be quashed. In the result, the petition succeeds and is hereby allowed. The proceedings of Criminal Case No. 28 of 1988, Pappu and others v. Akhilesh Kumar and others, pend ing in the Court of Addl. City Magistrate IIIrd Luck now are quashed. Petition allowed. .;