N.N. Mathur, J. - (1.) By way of instant petition u/s. 482 Cr.P.C. the petitioner seeks to quash the order of the Additional Sessions Judge, Parbatsar dated 10.7.2003 confirming the order of the S.D.M., Parbatsar issuing preliminary order u/s. 145 Cr.P.C. with respect to the land bearing Khasra No. 297, 297/1, 297/2 measuring 37 bighas and 6 biswas in village Shyampura.
(2.) It is contended by the learned counsel that the entire proceedings pending before the learned Magistrate is wholly without jurisdiction, inasmuch as before the preliminary order was drawn on 26.5.2000 a suit was filed before the competent civil Court on 10.5.2000,. This important aspect has not been considered by the learned Magistrate. There is substance in the contention raised by the learned counsel. It is held by the Supreme Court in Ram Sumar Puri Mahant v. State of U.P. & Ors., reported in AIR 1985 SC 472 that if a suit is pending no parallel criminal proceedings u/s. 145 can be initiated. In such cases proceeding u/s. 107 Cr.P.C. may be taken.
(3.) Thus, I am of the view that where a civil suit is pending for determination of the right of the parties and certain properties, proceeding u/s. 145 should normally be not initiated. If minimum steps are necessary to avert a serious breach of peace the parties may be bound down u/s. 107.;