PRITPAL SINGH, J. - (1.) IN this petition under Section 482 of the Code of Criminal Procedure (hereinafter called 'the Code') the petitioner Pritam Singh has sought the quashing of a notice under Section 145(1) of the Code of dated June 12, 1985, issued by the second respondent Sub Divisional Magistrate, Ludhiana.
(2.) THERE is a land dispute between the petitioner and Sucha Singh, respondent No. 3. The petitioner filed a civil suit against this respondent and others for the declaration that he is owner in possession of the disputed land situated in village Lehra, District Ludhiana. On an application of the petitioner the trial Court ordered the maintenance of status quo in respect of the land during the pendency of the suit. Subsequently, at the instance of Sucha Singh respondent, the police initiated proceedings under Section 145 of the Code regarding the disputed land in the Court of the Sub Divisional Magistrate, Ludhiana, respondent No. 2. This respondent has issued the impugned notice under Section 145(1) of the Code calling upon the parties to appear before him on a specified date to put in their respective claims vis-a-vis the land in dispute. The petitioner has challenged the validity of the said notice on the ground that civil litigation being pending interprets, in which the possession of the land in dispute is involved, respondent No 2 was not competent to entertain proceedings under Section 145 of the Code. In view of Ram Sumer Puri Mahant v. State of U.P. and others, 1985(1) C.L.R. 521 : 1985(1) Recent CR 278 this contention must prevail. It has been held in the case of Ram Sumer Puri Mahant (supra) that when a civil litigation is pending for the property wherein question of possession is involved there is no justification for initiating a parallel criminal proceedings under Section 145 of the Code. The present case is fully covered by the ratio of this case.
(3.) AS a result of what is stated above, the instant revision is allowed and the impugned notice dated June 12, 1985 issued by respondent No. 2, is hereby quashed. Revision allowed.;