- (1.) THERE is no dispute of the fact that title suit being Title Suit No. 99 of 2002 filed by the respondent no. 5 is pending. It is also not disputed that by order dated 2.7.2003 the Civil Court in the said title suit refused to issue injunction as prayed by the plaintiff.
(2.) THE grievance of the petitioner is that though the civil suit was pending within the parties with regard to the property in question, the learned Sub -Divisional Magistrate, Dhanbad in a proceeding under section 145 Cr.P.C. wrongly and illegally restrained the writ petitioner from going over the land and from making any construction. It is settled principle of law that when civil suit is already pending with regard to the property between the parties and the matter is sub -judice before a competent court of civil jurisdiction then the proceeding under section 145 Cr.P.C. should not proceed.
(3.) IN our view, the order issued by the Sub -Divisional Magistrate, Dhanbad dated 16.9.2002 contained in annexure -5 whereby he restrained the appellant from making any construction on the ground that the dispute was pending in the court of law is without jurisdiction and he exceeded in exercise of his jurisdiction by passing such an order particularly when the civil suit was pending.;