V.K.BALI,J - (1.) GURDEV Kaur through present petition filed by her under section 482 of the Code of Criminal Procedure seeks quashing of order dated 26th April, 1993, passed by Sub Divisional Judicial Magistrate, Malerkotla as also procedure dated 21st of April, 1993 Annexures P7 and P8 respectively.
(2.) INASMUCH as the arguments that have been raised before this Court do not need giving any details of the case, the same are not being given by this Court to avoid unnecessarily burdening this judgment. The first contention of Mr. Ahluwalia, learned counsel for the petitioner is that this matter i.e. petition under Section 482 has remained pending over a period of seven and a half years and during this time, no one has even endeavoured to take law in his hands, meaning thereby that the finding of the concerned SHO that there was apprehension of breach of peace is totally unfounded. I find absolutely no force in the aforesaid contention of the learned counsel. The records of the case would bear it out that the concerned Magistrate dealing with the matter after receipt of the report of SHO not only initiated proceedings under Section 145 of the Code of Criminal Procedure but also appointed a Receiver. The appointment of Receiver was stayed by the Court but before the order could be effected, the petitioner obtained an order of status quo from this Court and from the said date the order of status quo is in operation. If in the case as stated above and in particular the order passed by this Court ordering status quo, the parties have not taken law into their own hands and, in fact, have abided by the order passed by this Court as any ordinary citizen of the country has to do, it cannot be said that the finding of the SHO while forwarding Calendar to the SDM that there was apprehension of breach of peace is unfounded. The contention of the learned counsel noted above is, thus, repelled.
(3.) THE second and last contention of the learned counsel is that respondent Mukand Singh had filed a civil suit with regard to the land subject matter of dispute in proceedings under section 145 of the Code of Criminal Procedure and the civil court has passed an order of status quo and, therefore, once the civil court was seized of the matter, proceedings before the Magistrate under section 145 of the Code of Criminal Procedure would be an abuse of process of Court. This contention has also necessarily to be rejected as it is too well settled by this Court and particularly by the Division Bench of this Court in Mohinder Singh v. Shri Dilbagh Rai, 1976 P.L.R. 803, that proceedings under Section 145 of the Cr.P.C. can certainly be initiated at the instance of the party who has obtained an order of stay from the civil Court so as to protect the said order i.e. order of civil Court.;