G. M. LODHA, J. - (1.) THE petitioner has filed this petition under section 482 Cr. P. C. on the ground that since in a civil court case is pending and injunction order has been granted, the criminal court should not entertain a case under section 145 Cr. P. C.
(2.) PRIMA facie the submission is attractive and plausible and deserves consideration. I have therefore examined the case thoroughly and asked the learned counsel to read the order of injunction passed by the civil court. This order of injunction of the civil court, part and portion of which has been reproduced and extracted by the criminal court expressly mentions that it is not possible to say that which party is in possession. The learned Magistrate on this ground held that since the civil court has not been able to puma facie decide which party was in possession and further since the civil court has directed the maintenance of status quo only, therefore there is every chance of blood shed between the parties. I am in agreement with this finding of the Magistrate and I do not find that on the basis of such a finding if section 145 proceedings are being continued there is any abuse of process of the court. This court can interfere under section 482 Cr. P. C. only when there is abuse of process of court or it becomes necessary to interfere, in any way to enforce any other provisions of the Code or it is expedient in the interest of justice to interfere. In my considered mature and thought-ful opinion I feel that when there is chances of blood shed and when the civil court expressly stated that it is not possible to decide even prima facie which party is in possession and the civil court has directed the parties to maintain status quo, it only means that there would be trial of muscle strength between the parties. The trial of muscle strength between the parties. The trial of muscle strength would mean bloodshed. It is the duty of the every court to stop and restrain and take preventive section in such matters. That being so in the extra ordinary peculiar feature of this case, I feel that I must not interfere by invoking section 482 Cr. P. C. Consequently the petition is dismissed. . ;